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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116715
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My 12 year old son has been falsely accused by one of our neighbors

Customer Question

My 12 year old son has been falsely accused by one of our neighbors of entering their home while they were away. We don't even know this family. My son was home the entire day this occurred with me and my husband. They called the police and the police came to my home. They spoke to my son and i offered to take him down to the station to get finger printed. The police said that was not necessary as they believed my son was telling the truth.
They are also accusing my son of climbing over their wall to jump on their trampoline. There is another neighbor that is blaming my son for climbing over their wall and messed with their pool valves. These two neighbors are friends and for some reason have something against my son.
My son is a very good kid and has never been in trouble. In fact, all his teachers throughout the years have complimented on how well behaved he is and wish all their students were like him. His baseball coaches and parents of his friends feel the same way.
We invited the family that made these accusations to our home this evening in hopes we could clear the air and to tell our side of the story. We wanted them to meet us and my son (whom they have never met). They were nothing but negative about my son, insulting and the conversation started to get heated. They then decided to get up and and leave after 10 minutes. And the woman (who was at my house) who made these accusations was extremely unfriendly and down right mean to my son. As she was leaving my home, she turned to my son and said "have fun in juve". My son started crying hysterically thinking he was going to go to juvenile jail for something he did not do.
These neighbors scare me that they would be so evil to accuse my son and make up other stories about him. I feel this is harassment not to mention the comment she said about jail.
What are our rights? Can we get an injunction of harassment? Can she get in trouble for threatening a minor?
Also, she mentioned her husband is a lawyer.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Quite honestly, it is because some people are mean jerks and they do not care about you or your family or anyone else. They make up fantasies in their mind and that is their truth.
So, if this family is going around to the public or third parties making these false allegations against your son, they are committing "defamation per se" and also they are violating the common law tort of false light by publishing this false information to place your son into a false light in the community.
This means you can file a civil suit against them for the false statements and can seek money damages for the emotional distress caused by these people as well as an injunction from the court to prevent them from continuing to make these false statements against him in the future.
She is a self important jerk is what she is if she had to throw out that her husband was a lawyer. So your next step here is bring her to court and seek money damages from her and her lawyer husband.