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someone sent me a text accusing me of molesting one of my children, then I find they have also provided a statement to the local child services dibvision stating something similar, but refused to provide testimony or written evidence. This was simply an attack on my character, which I could have ignored had it not been so vile and involved my children and false reporting to an agency. I reported this immediately to the police whio found this claim to be without any merit. Can I take this person to court for slander, and if so what do I need to do to recover damamges or see that they are punished for these hurtful comments? Thank you very much
State/Country relating to Question: Arizona Already Tried: I told this person I was going to report this to the police and they said to go ahead, so they could follow-up on the CPS case. I was shocked to learn this poerson had called CPS as well. Unfortunately once called there is always a record, whic is what I belive the intent was. This was an ex-girlfriend I had not seen in 5 weeks.
Unfortunately, you cannot sue the person who reported these baseless allegations to CPS. The reason why is that these CPS "informants" are protected from slander/defamation claims, because the government believes that otherwise, no one will ever report any child abuse to CPS for fear of getting sued. However, if this person has made these claims to anyone other 3rd party, then you can sue for slander and defamation of character.
Is there anything in lieu of suing this person that will punish them legally. She freely told the officer that the reasons she had for doing this were that she found some lingere in my closet which was too small for most women (ex-wife's), that I served my daughter breakfast in bed one morning and that after taking my son and daughter to dinner by herself one evening my daughter seemed withdrawan when she returned to the house?
It is shamefull someone can make such outrageous claims without some better "evidence" or suspicion than this.
Thank you
You may be able to file charges of criminal Harassment if this person continues to make such allegations to you. Otherwise, there is not a whole lot you can do in terms of the allegations made to CPS.
Attorney
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator