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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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can i sue a person for reporting false accusations to c.p.s

Customer Question

can i sue a person for reporting false accusations to c.p.s on a child to win a diverse for full custody of a child? this person has also send me harassing e-mail from her employer' office cumputer during woking hours? harassing, making false accusation, to my family children and i.ect??
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: can i sue a person for reporting false accusations to c.p.s on a child to win a diverse for full custody of a child?


Response 1: No, you cannot since the information is being reported to a privileged party, the CPS. Generally, in order to win a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this would not apply to if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation. As stated previously, you would not able to prove defamation here because the information was provided to a privileged party, the CPS.


this person has also send me harassing e-mail from her employer' office cumputer during woking hours? harassing, making false accusation, to my family children and i.ect??


Response 2: You can sue the person however for Civil Harassment for sending you what you perceived to be harassing emails. For more information on how to file for Civil Harassment, click on the link below:


http://www.courts.ca.gov/1044.htm

Customer: replied 2 years ago.
Hello, thank you for your respond. C.P.S. did visit my home filled out paper work,on report that was made by my x-sister in law, and i was ask to take my children to V.I.P. not just my child the one who she accused of this type of action but i was also demanded to take my younger 2yr.children (twins) to be seen and check for any type of abuse by the doctors from C.P.S. I did take all (3) I was told by the doctors at C.P.S. that my children are fine, healthy and there was no signs of any what so ever of physical harm, sexual abuse that was reported. I then mention to the doctors at C.P.S. of my ex-sister in-law had made a false report accusing my child of this type of action to try and fight for full custody against my brother since my brother and i live in the same house hold,she targeted by using my innocent child of such actions. Doctor was very upset and mention it to be a felony on her behalf for accusing and reporting a false allegation. As far as the E-mails sent by her to a third party? (My brother) was receiving the e-mails talking about my children and family members again accusing my child now of showing porn to her child, harassing and making false allegations. I reported her to her employee and individual at her work wanted to see these e-mails i sent them she mention she would respond back and take care of it and contact me she never replied back or called me do to my x-sister inlaw harassing e-mails. I called her company left messages but i was ignor and was not contacted what so ever e-mails were sent by companies computer during working hours by my ex-sister inlaw can i do anything about this?
Expert:  Phillips Esq. replied 2 years ago.
Thank you for the additional information.


Apart from what you have done, there is nothing else you can do unless you want to file the Civil Harassment lawsuit.
Customer: replied 2 years ago.
What is a civil Harassment lawsuit? would this mean putting a restraining one this person? or does this mean i can also sue her for money? would i be able to do both? I did make a report (company) but was inored! I want to take actions how would i go about it so i can start the claim?
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Hi, I see that your expert has opted out. I will seek to answer your next question.

What is a civil Harassment lawsuit? It is a type of lawsuit a private person can file in order to seek damages for a tortious act (such as harassment), as well as potential injunction on certain behaviors.

would this mean putting a restraining one this person? That would be separate. You can file for a restraining order if you can prove the harassment - you can start by going to your police department and filing a report and asking for such an RO.

or does this mean i can also sue her for money? Yes. The civil lawsuit could include a claim for "damages" - i.e. money to make you "whole" after how she tortiously caused you losses.

would i be able to do both? Yes, you can seek both, different arenas. However, you'd best get a lawyer because these are so complicated and not so easy to win - when it is hard to prove what is true and what is not.

I did make a report (company) but was inored! Meaning to her employer? That ignoring would be expected - they do not like to play "cop". You need to bring crimes to the attention of the police, or sue civilly, or both.

I want to take actions how would i go about it so i can start the claim?
You will want to start researching state statutes and caseless for 1) harassment , 2) defamation, 3) filing a false report, 4) possibly Intentional or Negligent Infliction of Emotional Distress. I'd also get a lawyer to represent the child who can also sue for defamation since the person stated untrue very derogatory statements about him/her.

Because the learning from scratch of so many areas, plus needing to know the local court procedure, takes so much time, and because statutes of limitations will be running, if you can hire a lawyer to do this for you, you may want to do that. It is not that you can't do it yourself - if you have immediate spare time, you can go to your courthhouse law library to start and/or do it from home (learning) by getting a legal subscription to Westlaw OR LexisNexis for complete online research. The free sites generally are NOT complete, and that may not work.


Good luck, I wish you the justice you deserve.


Hope this clarifies and I wish you the best.


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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11743
Experience: 19+ Years of Legal Practice in Family law matters.
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