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In 2014, during a heavily contested custody battle with an…

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In 2014, during a heavily...
In 2014, during a heavily contested custody battle with an extremely wealthy ex-spouse, one of my children accused me of rape. There were several inconsistencies in the story. No charges, no arrest, I was never contacted. Somehow my daughter was still taken to an ada for interviews more than five times. The child in question was in a residential treatment center for a year after having made the allegations in their first week there. Judge in the custody case reviewed records; there was nothing supporting accusations and decided they didn't need to be released. My ex participated in the therapy sessions, was aware of no supporting data. Release of records is in appeals. My ex directly accused me, spread allegations throughout our community. My child told their siblings and others, I have been alienated. The allegations were the basis my ex's case causing delays until the children were nearly aged out. It has cost me a fortune, and severely damaged reputation and caused distress. I am told by an attorney wanting the job that since my ex can hide behind my child voicing the allegations that my option is to sue my child and force them to admit the lie, then call my ex out for claims. Advice?
Submitted: 6 months ago.Category: Criminal Law
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Answered in 4 hours by:
12/5/2017
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Criminal Law
Satisfied Customers: 2,467
Experience: Practicing Attorney with 10 years experience
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I am sorry to hear this. I think your better claim is against the ex rather than the child. If the child was a minor there is no capacity to sue nor any recoverable assets anyway.

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Customer reply replied 6 months ago
What is the claim against the mother at this point? Also, the child dies have significant assets.
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

Defamation/slander. Conspiracy with the child. Then if the child has assets then you could pursue it.

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Customer reply replied 6 months ago
Child has assets through inheritance under management. My ex is in a position to hide behind the child’s statements. Do you still think she can be sued for defamation/slander? I’m not interested in the child’s assets, I want the admission of the lie so that my ex can be called out.
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

Once it was clear that it was not true, then your ex had a duty not to proliferate false info that clearly would damage your reputation.

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Customer reply replied 6 months ago
The points where she would be proven to have know are all assumed. There are 2: the school therapy, which former judge has not released, and authorities choosing not to move forward after multiple conversations. There is also likely some where in there a private admission with the child. Does there need to be a definitive moment that I can prove at this point?
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

That would all come up in discovery. Your judge could order those turned over.

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Customer reply replied 6 months ago
my claims can essentially be based on reasonable assumptions without stopping the suit from moving forward?
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

most suits are based on assumptions. Rarely do you have a video footage of the guilty party. We have to deduce the claim from the facts we have.

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Customer reply replied 6 months ago
I was never contacted by any authority and only learned about the extent of any investigation during the custody trial, but I don't know if the investigation is officially closed. It has been four years, so I'm assuming so, but that's still an assumption. Do you think I need to confirm that? Could there be a risk if an investigation is not officially closed and I open a case? Also, is there merit in me possibly naming the child and my ex in the suit?
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

Yeah I'd want to know it was formally closed though a criminal investigation usually will not stay open 4 years later especially involving a child.

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Customer reply replied 6 months ago
How can that be checked?
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

i'd have a criminal lawyer do some digging. They can make contact.

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Customer reply replied 6 months ago
Asad, I wonder if there is a different fact here. Instead of defamation, what if I sue the child for intentional infliction of emotional distress and other related charges, asking for minimal damages permitted by law, but with demand for a trial. I believe this would force a reveal of truth and would then leave my ex exposed since I think that process will reveal that my ex was aware of the truth even while leveraging the lie against me. Wouldn’t that approach relieve the restrictions around proving defamation and filing a false police report?
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

Yes, that could work. The key is to get discovery started which will allow you to really dig into your evidence.

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Customer reply replied 6 months ago
What would I need to do to get the discovery started and avoid it being shot down by the Court on initial presentation? (Document filed, evidence/argument presented).Because of my ex’s wealth, I will ultimate need an attorney willing to work on consignment, but I think I will need to get the ball rolling, perhaps with a flat fee attorney who may or not be prepared to move forward on consignment. I do believe once in discovery, consignment attorneys will be interested. This will likely not go past discovery, but opposing counsel will need to be convinced that this will proceed to trial.
Criminal Lawyer: Asad Rahman, Lawyer replied 6 months ago

It won't bet shot down on initial presentation. I've never seen that happen even on a frivolous claim.

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Customer reply replied 6 months ago
They will answer, And then it goes before a judge? Doesn’t the judge then need to decide if it goes to discovery? That’s what I’m concerned about, if the case isn’t strong enough on first presentation that a judge will not allow discovery.From the custody portion, I have agreed not to contact our children unless they contact me first. If I file the initial suit pro se, what happens to that order with respect to service and deposition? Do I serve the mother on behalf of the child, who is now 17? Do I serve the attorneys who represented the mother? They will likely be the ones hired, although this would be a new engagement. Are there any rules that differ in governing a lawsuit involving a minor?
Customer reply replied 6 months ago
Once the case is moving, I think I will be able to find a consignment attorney.
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