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Someone has made a false report of child abuse and I would

Customer Question
Hi ***** *****, Someone has...
Hi ***** *****, Someone has made a false report of child abuse and I would like to have penalties imposed on the false reporter.
JA: Thanks. Can you give me any more details about your issue?
Customer: My daughter's father and paternal grandmother made a false report of child abuse, neglect and emotional abuse. The motive for them making the report was for financial gain. My daughter receives auxiliary benefits from SSA because the father is currently receiving disability benefits. The results concluded that there was no evidence of child abuse or neglect. I would like to hold them responsible for the false reporting. The father sent the police to my place of employment which caused humiliation and embarrassment among my peers as well as management.
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Criminal Law
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Answered in 6 hours by:
4/7/2016
Criminal Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,427
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified

Hello,

Thank you for the information and your question. Without knowing the facts in the possession of the State I can't say whether or not you would have a successful case, but you have the right to file suit against anyone who made a false statement of fact (versus honest opinion) to the authorities. It would be a tort action of either malicious prosecution or defamation of character, or both. You will need to sit down with a local trial attorney (personal injury) and discuss your case in full to see whether they think that it would be successful should you file suit.

The State is not likely to take this as a criminal complaint, but you could also try filing a criminal complaint with the local prosecutor's office based on false statements. They though don't have to pursue the case if they choose not to since they have prosecutorial discretion.

Please feel free to ask for clarification if needed. Thank you

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Criminal Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good.If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Marsha411JD
Marsha411JD
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