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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.