Atlanta, GA asked in Criminal Law, Domestic Violence and Libel & Slander for Georgia

Q: Can a person get arrested for making false claims about child abuse?

A friend of mine has full custody of his children. His ex constantly calls the Department of Family and Children Services and the police and makes claims that the children are being physically and sexually assaulted. The ex has not visited the children for more than 6 months but calls the two departments almost everyday to report fraudulent crimes. The departments do home visits and wellness checks only to see that the children are healthy and fine and show no evidence of physical or sexual violence. What can my friend do to stop the ex from making false claims?

1 Lawyer Answer
William C. Head
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  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: It sounds like a crime, and possibly is a crime. Various statutes control such harassing behavior, even if it is being done to another party. If you have a criminal defense lawyer, ask him or her about whether the attorney will assist you in presenting this set of facts to the District Attorney for the county where this reporting is being made. The State agency is likely sick and tired of wasting their resources, and time, too.

I prefer --- strongly --- having a trained lawyer go with you.

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