Albuquerque, NM asked in Libel & Slander for Texas

Q: Someone made false accusations against me and is having me investigated by cps. I want to sue for defamation

I want to find out who lied and made these horrific accusations because now I'm being investigated for lies. It's embarrassing because cps is telling everyone what I'm being investigated for and it's all a LIE.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Finding out who is going to be tricky, if you don’t already know who it is. CPS will not disclose the identity of the informant and legally they cannot be required to do so. But it may become obvious to you during the course of the investigation.

I would urge the attorney representing you in the CPS investigation to make CPS go to court to get any relief it requests, and I wouldn’t agree to any parenting classes or plans without a court hearing. CPS is bound by the rules of evidence like any other litigant and will have to present witnesses with personal knowledge of the allegations made against you. If they are truly false, uncorroborated allegations, CPS will likely have to call its informant to present such evidence.

After you smoke out who it is, you can then determine whether it is an honest misunderstanding or whether they have a motive to make false accusations against you. A lawyer can then send them the necessary pre-suit notices required in order to bring a civil lawsuit for defamation.

Keep track of time off work, how much you are paying the lawyer to defend you in the CPS investigation, and any other expenses you incur as a result of the CPS investigation as they will be important evidence of your damages in any defamation lawsuit.

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