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My ex accused me of molesting my daughters using items

written by my children that...
My ex accused me of molesting my daughters using items written by my children that read like fiction essays. The police and ACS never pursued. My ex used the allegations in a custody trial liberally. My ex even attempted to involve the DA dragging my children down for interviews, again, no actions by the DA. There was never the opportunity to directly address the allegations as false and they have been very damaging to me. Do I have a way of demanding that the allegations are directly addressed? It seems very unreasonable that she can liberally make damaging and false accusations against me and never be accountable for it.
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Answered in 3 minutes by:
11/18/2017
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 28,373
Experience: 18 years of litigation experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Have you reported her to the police?

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It is a criminal offense in New York State to maliciously file a false report to the police, an agency or an organization, knowing that the facts are not true. It is a class A misdemeanor and is punishable potentially with a maximum of a year's jail time.

You can go to the police, tell them that these are lies which have consistently resulted in no action being taken and you would like your ex prosecuted.

If the police aren't interested, you can go over their heads to the DA's office and ask whether they could charge her.

Alternatively, you could contact a civil trial lawyer in general practice and talk to him or her about suing your ex for malicious prosecution.

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Customer reply replied 27 days ago
No. I thought it would be quickly discredited for a variety of common sense reasons, but never was. During our custody trial the judge said that he would not be making a finding of whether the allegations were true or not, and one of my daughters therapeutic records were subpoenaed from a therapeutic boarding school where she made the allegations for the "first" time. Those records were to be reviewed by the judge alone and then determined whether they were important to the case. My daughter was in that school for over a year. Almost immediately after my daughter made her claims, my ex added additional written materials that she provided that were inconsistent with the first document and was written and printed from a computer that she claimed to have disposed of. I didn't know the extent to which she tried to push the charges until the custody trial two months ago. The allegations came up multiple times and were the core of her case. The judge in his ruling said that I seemed "indifferent" about them, which isn't true, I was quite upset, but certainly the allegations affected his decisions and have had a lasting impact on me. The judge also stated that there was nothing in the therapeutic records that was "exculpatory or inculpatory" so he wouldn't release the records to the lawyers. So the allegations are just floating without being addressed. I think it is reasonable to believe that if a year of therapeutic records don't include anything supporting these claims, it reasonable to assume that they aren't true.
Customer reply replied 27 days ago
What would I need to present to the police to support my claim that she filed a false police report?
Customer reply replied 26 days ago
Do I need to find a criminal attorney? Or just talk to the police and DA?

Sorry for the delay. I had to take a phone call.

No. You would just talk to the police and the DA. If the case is prosecuted, then the DA would act as your lawyer. As to proof, she seems to have contacted the police and the DA, so they would have records of that.

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Customer reply replied 26 days ago
OK, so just to be clear. If she has filed a police report and it has been sitting for 3 years and I have never been contacted and files have never been filed, is that enough for grounds to ask that she be charged with filing a false police report? I don't need to provide any of the supporting arguments or materials that I have? What are the grounds the determine if the police follow up on pursuing charges?

I got the sense that this was an ongoing problem. If it's not, and it happened three years ago, it is too old a matter for this to be prosecuted now. The statute of limitations on a misdemeanor would be 1 year from the incident.

Otherwise, yes, the fact that you were never charged but that she filed a false report just to jam you up in family court would be grounds to ask that she be charged. The police will tell you what information they would need to be conviced of this.

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Customer reply replied 26 days ago
I didn't know the extent of her pursuit of charges and having even filed the police report until the trial. I was never contacted. I learned the full extent just two months ago. She still used those actions in her case liberally and continued to accuse me during the trial. Does it matter that her false report is something I didn't know about until recently?

Sorry for the delay. I am dealing with several customers and taking their issues in turn.

Yes. It does matter, and that's good news for you. If you could not have first reasonably become aware of her reports sooner than two months ago, the statute of limitations would not apply.

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Customer reply replied 26 days ago
Is going to the DA also filing a false report? That seems to be something separate because I don't think the DA is involved unless there are charges, so she seems to have handled that directly herself, and she went to the DA at least 5 times according to her testimony. She presented it as proof of her belief that the allegations were true. Is that filing a false report of some type. Obviously not a police report.

Yes. Under the statute going to an agency such as the DA's Office could constitute filing a false report depending, of course, on the facts and circumstances.

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Customer reply replied 26 days ago
What should be process? Do I walk into a precinct and file a report? Do I call a detective? What should be my next step?

You report it the way you would any other crime -- by walking into the precinct and filing a report. If the police think they have probable cause to charge your ex, they will assign it to a detective.

Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 28,373
Experience: 18 years of litigation experience.
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Zoey, JD and 87 other Family Law Specialists are ready to help you
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Customer reply replied 26 days ago
Thank you. This was very helpful.

Good luck! If they won't take it, you'd need to sue. If that's the case, contact a civil lawyer quickly. You do not have all that much time left to file.

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Zoey, JD
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 28,373
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Experience: 18 years of litigation experience.

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