Wednesday, February 10, 2010

Can you file charges on someone who reports you to CPS on false statements?

I would say no, simply because it is madated that person's report possible child neglect or abuse. It is up to DHW and law enforcement to determine if abuse/neglect has happened.


When a person reports to the Department of Children's Services it is confidential so it would be very hard for you to prove or to obtain the docutments from DHW to prove a case.


HOWEVER, if this person continues to make false allegations to LAW ENFORCMENT then that is a diffrent story, if they report and police investigated and find nothing (once) that's one thing but if they continue to do so simply go to the police department and pay the fee to get copies of all reports against you.


In the reports will be the name of the reporting party, if you can show mulitiple reports of false allegations then you can file a civil suit against them for slander and request damages.


Police reports are public record so you are able to access them.


Good LuckCan you file charges on someone who reports you to CPS on false statements?
You can try, but it is very difficult. In most states anyone can call CPS and make a referral anonymously. This is to encourage people to report suspected abuse without fear of repercussions. Of course, people do abuse this and call false reports constantly. Especially during custody battles. It is very frustrating not only for you but also for the CPS workers... there have been times I've had to go out on the same bull**** referral 3 times even though I know it is not true. However, legally every referral must be investigated so I'm out knocking on the doors. Pretty much the only way is if this person tells you they called in and is willing to tell the cops that they called in false reports to CPS. Legally CPS can't tell you who made a referral, though there is an address in most states that you can write to and they will determine if they are going to tell you who called in the report. Again, they may or may not tell you and unless you have proof you are not going to be able to file any charges.Can you file charges on someone who reports you to CPS on false statements?
Very hard to prove you are innocent and they are GUILTY of spite or false witness. People wanted OUR apartment...lied so CPS would question us..later tearfuly asked to be forgiven...
Yeah, but you have to have hard documented proof, and deep pockets - you need a GOOD lawyer to persue them to the ends of the earth in order to get a sympathetic ear in court to even want to listen to you.

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