Seattle, WA asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Oregon

Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?

The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I just need to know how to start the process. Contact local authorities and tell them so they can make a report?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and filing a civil lawsuit for defamation and slander.

To initiate criminal charges for filing a false report, you will need to contact the police or local authorities. They will investigate the matter and determine whether there is sufficient evidence to press charges. It's important to provide them with all relevant information, including the unfounded CPS report and any evidence suggesting the report was knowingly false.

For a civil lawsuit, your attorney will help you gather evidence to support your claim. This includes proving that the allegations were false, the person who made the report knew they were false, and that the report caused you harm, such as damage to your reputation or emotional distress.

Remember, both criminal charges and civil lawsuits require substantial evidence. The process can be complex and emotionally taxing, so having professional legal guidance is crucial. Your attorney will guide you through each step, ensuring that your rights are protected and that you have the best chance of a favorable outcome.

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