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Author Topic: Fighting False Allegations  (Read 2574 times)

1-daddy

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Fighting False Allegations
« on: Oct 24, 2006, 07:39:44 AM »
I was divorced in 2002 and we reside in NY.  BM has had me falsely arrested 2x in another county. I accepted an ACD the 1st and was exonerated the 2nd.  She purgered herself throughout the trial and I have the transcript but the statute of limitations has run out.  In the past 3 years, she has filed 3 ACS reports agianst myself, my wife, naming our son and an elderly family member.  All closed unfounded and I have the reports. I have never had any other troubles with the law in my life.

Many of the ACS reports are allegations BM claims the children have made to her but 2 GALS found the children were untruthful and a forensics evaluation report documents the children have been coached by BM.
 
I was awarded a small claims judgement of $6,000 with the arrest but she has no equity and changes jobs every 3 months.  

BM's 2nd husband spent 6 months in jail and is currently back in jail awaiting charges similar to the allegation made against my familty and myself.  However, he has an extensive criminal background.

We spent many years on trial and have spent in excess of $165,000 in court fees and she keeps taking us back to court with no repercussions. I won custody in the interim of a trial but was forced to end it with a agreement of 50/50.

1)  The police wont do anything, can we go straight to the DA?

2)  Would it make much of a differnece if we showed up without our lawyer?

3)  Any advise on how to get the law to intervene before my families lives are completely destroyed?


socrateaser

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RE: Fighting False Allegations
« Reply #1 on: Oct 24, 2006, 08:15:07 AM »
I won custody in the interim of a trial
>but was forced to end it with a agreement of 50/50.

You were "forced to end it with an agreement of 50/50?" An agreement procured by force is voidable. Point is, that you weren't forced unless someone held a gun to your head. You may have felt that settlement was the only reasonable choice at the time, but that's not anywhere near the same as being forced to end litigation by settlement.

>
>1)  The police wont do anything, can we go straight to the
>DA?

Sure. False reporting is a crime. But, whether the DA will prosecute is up to the DA.

>
>2)  Would it make much of a differnece if we showed up without
>our lawyer?

The DA will likely pay more attention where more influential people raise an issue. But, it's still up to the DA.

>
>3)  Any advise on how to get the law to intervene before my
>families lives are completely destroyed?

This sort of broad, loaded question will not get your problems solved. It's just an invitation for me to commiserate with you over your troubles.

 

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