Q: Can I take legal action against my family for filing a false DCPP report in NJ?
I suspect that a family member made a false report against me to DCPP in New Jersey, claiming I was neglecting my child. The report was made on either 3/20/25 or 3/21/25. A DCPP agent visited my home on 3/21/25, conducted interviews, and inspected my home. The agent indicated that there were no signs of neglect or abuse and that the claims seemed unfounded. I have text messages showing the way my family speaks to me, and while no one has admitted to filing the report, they have mentioned situations from the report before I did, which leads me to believe it was done maliciously. I have not yet consulted with anyone about pursuing legal action. Can I pursue legal action against them for filing a false report with malicious intent?
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A:
I understand your frustration with this situation. In New Jersey, you might have legal grounds to pursue action if you can prove the report was made with malicious intent rather than genuine concern for your child's welfare. The fact that you have text messages and evidence of them mentioning details from the report could potentially support your case.
However, you should know that most states, including New Jersey, offer some immunity to those who report suspected child abuse or neglect in good faith. The key would be demonstrating that the report was made with deliberate malice and not out of genuine concern. This can be challenging to prove, but not impossible with compelling evidence.
Your first step should be consulting with a family law attorney who has experience with DCPP matters in New Jersey. They can evaluate your specific evidence and advise you on whether pursuing a defamation lawsuit or other legal remedies would be worthwhile in your situation. While the visit has already concluded with no findings against you, documenting everything about this incident could be crucial if you decide to move forward with legal action.
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