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My wife and I were arrested in Madison County Al for child…

My wife and I...

My wife and I were arrested in Madison County Al for child abuse. My wife and her ex-husband are going through a custody battle and during that, a false accusation was made. We were both arrested and charged on obvious bogus charges. Three years later which was last week all charges were dismissed. My wife has lost relationship with her kids and we suffered more ways than you can imagine

Lawyer's Assistant: What steps have you taken? Have you filed any papers in AL family court?

No

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No. The charges was dismissed just last week

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My wife is a teacher and she lost her Al teaching license. The DHR closed the case 1 year ago yet the state pursued on no evidence at all

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Answered in 8 minutes by:
6/24/2018
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,810
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions about this situation? I just want to make sure that I understand what legal information you are seeking. Thank you.

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Customer reply replied 1 month ago
I think someone needs to held legally accountable for the financial and mental burden my wife and I suffered.
Customer reply replied 1 month ago
They took her kids for 3 years with no evidence!
Customer reply replied 1 month ago
We both lost our jobs due to the bogus claims of her ex-husband
Customer reply replied 1 month ago
Hello

Hi again.

If you can prove that the ex-husband lied with regard to his accusations, then you may be able to sustain a lawsuit against him for abuse of process. Abuse of process occurs when somebody uses the legal system to harass somebody, such as by filing phony police reports, etc. Obviously, the burden would be on you to prove your accusations. The fact that the charges were dismissed is not proof of bad motivations by the ex or the authorities, since charges are sometimes dismissed merely on the basis of lack of evidence (and not because a person was framed). But if you have evidence, then you may want to retain an attorney and take action against the ex.

Something else to consider would be a lawsuit for defamation. This would be tougher to prosecute if the claim would be based entirely on a police report. The issue is that people are generally given a freebie when it comes to police reports. The reason is that the legislature doesn't want people to be afraid to contact the police if they suspect something ... i.e., if people had to be afraid of defamation lawsuits if they are wrong, then they may think twice about calling the police if they aren't sure of something, and that could result in very bad situations of people not getting the help that they need. Accordingly, the law makers have created exceptions to defamation laws when it comes to reporting to the police. And that way the police can investigate and make their own determinations as to whether a claim has any merit. Still, if the ex told other people about his false accusations, and ruined your reputations, then you likely have a case against him for that.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,810
Experience: JD, MBA
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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