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Author Topic: What options are there for DM filing false OOP  (Read 1371 times)

Anthony_ill

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What options are there for DM filing false OOP
« on: Jun 30, 2005, 02:14:04 PM »
The DM continues to harrass me including OOP (order of protections) which the lastest one I have successful had dropped during our visitation status court date. However it remains on my record (I now need a lawyer to have it expunged?).

What action can I take (States Attourney??) to file a false police report ect to push back on this constant harrasement?

We have been imbattled in a visitation issue, she continues to file false charges to  impead any progress on correcting this.


CustodyIQ

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RE: What options are there for DM filing false OOP
« Reply #1 on: Jun 30, 2005, 02:43:42 PM »
Hi,

First, I'd recommend that you take a polygraph test with a qualified examiner to completely discredit the allegations made against you.  This can cost several hundred dollars, but it could prove invaluable.

You can show the polygraph examiner's report to every future investigator, police officer, and detective.... to make them immediately question the validity of the latest charge and potentially expedite them to drop it.

I'm not sure about how you would expunge something.  In my case, when the D.A. decided to drop battery charges against me (i.e., they concluded upon review of the case that I was the victim, not the batterer), they somehow changed my record so that I was detained, not arrested, and then even the detention disappeared after 12 months.

If your ex has any money, you may be able to file a civil lawsuit for malicious prosecution, intentional infliction of emotional distress, slander, and/or libel.  You'd have to consult with a civil attorney on that matter.

What you describe, unfortunately, is not that uncommon in child custody and divorce matters.  Not many prosecutors may be too interested in it, unless your ex is doing it so frequently as to tie up a ton of resources in the police and other agencies to investigate her false charges.

But... consulting with a civil attorney would give you definitive answers.

At the very least, it's a huge pain for you now, but it's making you a stronger person too!  Nothing like several false criminal accusations and arrests to make one realize that no unpleasant co-worker can say ANYTHING that compares.  :)

Good luck.

gipsy

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similar case
« Reply #2 on: Jul 03, 2005, 09:26:37 PM »
What I learned is to not do any thing to her or say any thing to the kids , Except to reassure the kids that you love them , If you involve your self and say negative things about the mother or any one to the kids , It seems to me the court thinks even if they change custody , The situation will be likely to be the same , My atty advised me to keep my slate clean , And let it eventually appear that you and the children are victims of the mothers bad acts ,
   I had a wacked out Guardian Ad Litem . She Minimized the mothers Actions , And because I reacted and the mother is an ingenius liar , The GAL reported that I was the one causeing the trouble , I did react . But I Suggest during the interim , You get some healthy activity in with the kids, Go to the hobby store , Park , Beach what ever ,
  What My atty used most at trial were the good things I do with My son . You need to show these things to the court , It's really hard to do But I was advised to let her continue her bad acts , And Keep clean . I did a couple things that were pretty minor , And of course were exaggerated ,
  I did not win custody . But the least thing my atty told me was . She knows I will pull her up in front of the Judge for her bad acts ,
   My opinion is If it was more clear on who was pulling all the BS , I may have done much better ,
  I am trying to make clear to you that your side of the slate should be clean as a whistle , As I took the mother to court for custody and my argument was to change custody based on what the law say's about bad faith acts , And I thought my atty made a reasonably good case of her bad faith acts , The problem was the GAL minimized Moms end of this .
  And I reacted to some of it , When You react I think it becomes less clear who's doing what , Let it be clear that You are doing well with the kids and let her keep it up , And challenge custody over it ,
  I don't say this light;y that is what My atty advised me to do ,
 

 

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