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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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How can I defend myself in my ex-husband having false accusations

Customer Question

How can I defend myself in my ex-husband having false accusations brought against me from DHS? Also, a pepper spray incident that was actually an assault from my autistic son against me turned the other way, and I didn't report anything on my son? What can I do? This report has caused a public defender to be put on my case accusing me of abuse, and protecting the children due to this accusation. Nothing on my ex-husband as I didn't report anything on him -
Submitted: 3 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 3 years ago.
Do you have any hearings coming up? If so are these hearings from DHS? What proof do you have against the false accusations?

Thanks




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Customer: replied 3 years ago.
I just know that there are some accusations about me regarding abuse at DHS, and I didn't put them there - My ex-husband filed things against me, and I want to know what they are so I can correct them. No, there are no hearings from DHS - no children were removed, and this happened almost 2 1/2 years ago, and earlier than that, too - Also, my lawyer won't tell me reports - I don't know what to do - I'm asking for help. I know there are reports, but not sure what is in there - I have never abused my children, but my oldest son was starting to get more and more rebellious towards me and his dad was trying to egg that on in asking my son to live with him - He does live with him now, but the reports are still out there tarnishing my background and causing a public defender to be put in place to talk to my sons twice. I am a teacher, and not an abuser. What should I do besides find a new lawyer?
Expert:  Attorney & Mediator replied 3 years ago.
If no action has been taken against you, you don't have the rights to the reports because the state allows for the protection of the reporters. You are only allowed to the reports if a court action has been initiated against you. Since that is not the case, you don't have rights. Hope this makes sense. Your lawyer is not doing anything wrong, by law he can't give you reports without any legal action against you.









_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
So I don't need to worry, but my sons can be put before a public defender, because there are accusations against me, and I don't know what they are. I am being treated like I am an abuser, but not see the reports? Doesn't make sense to me - My children were never removed from my home, but my oldest autistic son was hostile, and didn't want me to spank him and would run.

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