How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ANDREA, Your Own Question

ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11624
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
20073497
Type Your Family Law Question Here...
ANDREA, is online now
A new question is answered every 9 seconds

In regards to "Police Power" and walfare checks: I completely

Customer Question

In regards to "Police Power" and walfare checks:

I completely agree with the compasion and need for such as this is a need to many family's. I also agree to the calling of an officer out to a home when the call is made in "Good Faith", however what is it when a call has been made by a person(s) whos wish is the uttmost importantance to remain anonymous, and to check the walfare of a mother and her 2 kids based on gossip by a family members ill intent for revenge? (I can establish so much truth)

I am a very respected mother with a background of Cert. by the State of Colorado in childcare. Many parents have written beautiful thank you letters to myself and all that I have done for the good of their children with over 14 years exper.

My husband has a problem with telling his mother and father (4houses down the street) the truth and has used me in his lies to acheive attention by his parents (I will seek an emerg. restr. order tomorrow). However to inform you that my mother-in-law has called SSA in California on just me 10 years prior because my husband told her we had an argument in front of our daughter. She admitted to calling SSA that time and they explained that this was not cause for anything but would stop by to talk to me. I had a home daycare biss. and was beyond thought as to why she did not however want her husband to be talked with? Now it has happened again here in Colorado however with a walfare check as SSA here informs a person when a call is made and their is no cause to come out, however they inform a caller to ask their local Police dept. to come out on a walfare check.

Their are events that happened over the weekend with his family and on Monday April 3rd an officer was knocking at my door. In regards XXXXX XXXXX visit I have my 13 year old daughter as a witness to the officer and took my daughter in priv. and asked her if I took to much medication and was to out-of-it to care for her and her brother. Now my daughter thinks things that were never true about her mother. The officer also told my daughter that she has missed too much school and is failing the 8th grade. It was horrible! The officer also asked me to pull up my sleves on my shirt and show her if I had sores on my skin, because the call in person a neighbor she said told her I stay up all night on the computer and thought to be drug use. I do our own taxes and yes I stay up trying to complete this task before the 15th. The officer also said that my daughter walks to school everyday from the caller.

So many lies were told to the police to get them out here. My daughter walked to school maybe 3 times, and if it was truely a neighbor that called they would have seen Brooke getting into a car daily!

I got the CADS from that day and the CADS dont even match up from what the officer said and did to me and my children. I also called my daughters counsel office and they informed me that no one and not even a police inquir. could get info about Brooke and that my daughter was not failing the 8th grade but was exceeding with A's and B's!...

The CADS from that day was information that my husband told to his mother as he admitted this, but only because he was upset that I had kicked his Herion user sister out of our house when she was caught!
(so much more details)

Now with all that said I with witnesses confronted my mother in law on the callers information, however I did not let her know that I was reading from the CADS, I asked her "what makes you think I stay on the computer all night" etc.

My question is to a lawyer, "how can a person calling in be anonymous to law enforc. based on pure gossip from another person with ill intent? Anonymous is understandable if the person has seen first hand, I agree to this protection 100%, but my daughter now seeks medical attention for stomach issues and I am now going threw a divorce as this walfare check was nothing but emotion damaged to my children and myself all because of wrongfull actions based on gossip! How can I stop this from happening to others as my kids have physical and emotional damage?
Submitted: 2 years ago.
Category: Family Law
Expert:  ANDREA, replied 2 years ago.
Hello and Welcome to JustAnswer,


I am so sorry to hear about what you have been subjected to.

Q. Just so that I understand your circumstances, are you saying that all of this has been the result of your husband misrepresenting facts to his mother and that his mother was the anonymouns caller ?


Q. Is the question you would like me to Answer How you can get the recording of the caller to law enforcement ? If not, please clarify


Thank you,


ANDREA
Customer: replied 2 years ago.
I need to stop this cycle of emotional abuse to my kids and myself, I also want to stop this as a law of anonyomouns callers able to call and have an officer do such damage based on gossip from another unless an anonoymous caller has seen 1st hand the infromation that has been used to justifiy a walfare visit... I can not be sure that my mother in law is the anonymouns caller, however she did admit to receiving such information from her son my husband and had told a few family members what she had heard, however choose not to come to me and ask if this information was true in fact. her gossip to others was just that and as it goes on down the line either her or her sister made this call. the Police did say that that every call is recorded and only voice regon. could reveal the caller. So much damage had been inflicted upon my children and my daughter was ask by a police woman without my consent if her mother abuses drugs. my daughter did not need to be subjected to any of this! she now has stomach problems and see a doctor. I as her mother never gave that officer permission to ask my daughter such a untruth about her mother! A walfare check is to protect us in good, not to cause harm! YES, if I could hear the callers voice I can prove that it was not called in good faith and the true crime is a person calling in for harm to another and possibly stop the next family and so on from our my exper. Just like what the single mother of 8 just went threw recently.. This cant continue to happen it is too much emotion damage on our children, and the anonymous caller has no accountibility? when based on gossip passed on down the line...
Customer: replied 2 years ago.
Relist: Other.
andera is offline and thats ok, however i was hoping to achive an answer before tomorrow morning. No disrespect to Andrea.
Customer: replied 2 years ago.
Relist: Other.
andera is offline and thats ok, however i was hoping to achive an answer before tomorrow morning. No disrespect to Andrea.
Expert:  ANDREA, replied 2 years ago.

Hi, Heather,

No offense taken. I was not offline. We have been having some technical problems and sometimes false readings are given off. I was assisting another customer.

In Answer to your questions:


1. In order to change how these situations are handled and to determine a caller's credibility before anyone goes out to the house and disrupts the family life of the family involved and to avoid the emotional, psychological, and mental stress on children, the law must be changed. It cannot be done with a "flick of the switch". I am a mother of two daughters, so I know exactly where you are coming from. What you need to do in order to effect a change is to draft a Petition on how things should be changed and have as many people as possible sign the Petition. You can then forward it to your State Senators and State Representatives to be introduced as a Bill to be voted on, which would then make the Bill law;


2. Regarding the recording of the call, this cannot be obtained by anyone without a Subpoena. In order for the Court to issue a Subpoena, there must be an action pending in the Court. For example, if you were to sue your mother in law for slander and defamation of character because of all the malicious lies and misrepresentations she is making about you, knowing her statements are false and which are ruining your name and reputation, this would qualify as a "case which is presently pending in the Court" and you could ask the Judge to issue a Subpoena for the recording, so that you can prove malice on her part.

However, with no case pending, a Subpoena will not be issued by the Court.


Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,



If you need clarification, please let me know by pressing the "Reply" button,

Thank you for allowing me to be of service,



ANDREA

Customer: replied 2 years ago.
Oh thank you so much, but how do I go about taking the first step to prove that this call was made either by her, or by her gossip? how or what form, paperwork should be taken? I can prove through witnesses that she did gossip based on misrepresentions on my husbands behalf. and 2nd. can I do a petition only local like Colorado only or can It be done with digital thru web? What do I need to prove upfront with regards XXXXX XXXXX lies... She said I had sores on my skin and her daughter said it was drugs. I have a documented skin allergy. XXXXX XXXXXs sen. for example
Expert:  ANDREA, replied 2 years ago.
Hi, Heather,


1. Your first step, if you want to go this route, would be to file a lawsuit against your mother in law for slander and libel. The Complaint you file with the Court and serve on her as the Defendant, would allege all the false statements she has been making, knowing they were false and this would prove malice on her part. You would also allege that she has made similar accusations as that made by the caller, i.e., made false statements to others about your using drugs, not properly caring for your children, especially your daughter who was interrogated at your house, and the like. This should be sufficient to show enough malice to convince the Judge to issue a Subpoena for the recording.


2. Regardig the Petition, if I were in your position, I would do it the conventional way, by a "paper" Petition, and not on the web,




Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,


 



If you need clarification, please let me know by pressing the "Reply" button,

Thank you for allowing me to be of service,



ANDREA

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11624
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney