Filing False Police Reports

[VegasMom77]

Good Evening,

I want to protect myself from further false accusations of neglect and violence.

I live in Nevada and have had at the following:

~ 3 calls to CPS for neglect
~ 10 police reports stating I have burglarized, vandalized, threatened bodily harm or caused bodily harm.

All of these allegations are false. One accusation cost me a temporary loss of visitation in February (uninvestigated CPS call) and another cost a night in jail last July (violation of TPO while retrieving my child for a scheduled visit).

NRS 207.280  False reporting of crimes unlawful.  Every person who reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Nevada Highway Patrol that a felony or misdemeanor has been committed, or disseminates such a report by any medium of public communication, knowing such report to be false, is guilty of a misdemeanor.

Here are my questions:

1) In a reasonable court, when does a person begin to lose credibility for continue accusations with no proof?

2) How does one enforce the law above without proof that someone did or didn't commit a crime? (Other parent doesn't have proof that I did it, I don't have proof that I didn't)

Thank you.

[socrateaser]

How was the TRO night in jail resolved, exactly? If you were released and not charged, what exactly does the police report state?

The objective is to demonstrate that you were injured by the other parent's false reporting. This would permit you to sue for false imprisonment, Intentional Infliction of Emotional Distress and perhaps Malicious Prosecution. In a civil court parties must bear their own attorney fees, so most people settle rather quickly lest they be destroyed by the cost of defending themselves. Unfortunately, if the other parent has no assets, like a home with equity, then your suit will be a waste of time, because you won't collect anything. But, you may be able to garnish her wages from now until the end of time, depending on how much money you win.

As for the NRS statute that you posted, the only way to enforce that is to file a report with the police or DA and hope that the case will be prosecuted. More than likely it won't, because of the heavy burden of proof required, and the fact that DAs don't usually put taxpayer money to bear on these sorts of things.

I admit it sucks, but those are your basic choices.

If the other parent routinely frustrates your access to the child with false reports you could use this as grounds for a motion for a new custody hearing to grant you primary custody, but, that is a very tough burden to carry as well. I'd need to see a very comprehensive list of all the objective evidence to be able to determine if it could be tied together to make a case compelling enough to get the judge to do something drastic.

This forum is not designed for that sort of detail. You'll need a lawyer.

[VegasMom77]

The brief run down was this:

TRO filed.

Spouse enters police station where all exchanges are held, prior to the exchange time and explains there "may be a problem".

Clerks, based on spouses claims, call unifomed officer.

I arrive to pick up child. Spouse refuses release, clerks ask me to sit down.

Uniformed officer arrives, speaks to spouse, speaks to me. Arrests me by the letter of the law because I have come within the yardage to my spouse.

Released on bail. DA finds that there are no charges to be filed.

Police report states that they answered a call about arguing in station. No arguing at time of arrival. Subject arrested due to TPO.

Thank you for your response. Unfortunatly, no attorney will touch this one, my current judge has no care or concern for this matter and my spouse has nothing I want except for shared, uninteruppted time with my child.

[VegasMom77]

In regards to CPS:

2 of the 3 calls were investigated and closed.

1 of the calls was not investigated but later closed when the case worker was admonished for not having investigated and my spouse was admonished for not having credibility in the previous attempts to do this same thing.

Now, the case worker is preparing to testify against me when she made no interview, investigation or telephone call to me before removing my child from my home.

They are a very scary agency to encounter.

1) How do I obtain access to the report that was filed?

2) How do I make a complaint to CPS about this case worker without jeopardizing my own custody?

[socrateaser]

>1) How do I obtain access to the report that was filed?

You can start by requesting production of copies of any CPS reports in possession of the other parent or attorney. If they claim they don't have any, then you can subpoena the reports from the custodian of records of CPS. Usually, you need to depose a party to get authentication of records like this, however, since CPS is apparent planning to testify against you, they will be in court to authenticate the records, assuming that the CPS agent has personal knowledge of all of the reports that you are requesting.

>2) How do I make a complaint to CPS about this case worker
>without jeopardizing my own custody?

Why do you believe that complaining to CPS will jeopardize your custodial rights?

[VegasMom77]

I believe that, at this point, any complaint I file against CPS or any claim I make regarding the neglect of my child about the other parent would appear to be retaliation for the false allegations my spouse has placed on me. I believe that it would give my spouse the further upper-hand in the claim that I am un-fit, delusional, neglectful (you pick the week, it's a new one).

I realize your response may be: "If your child is being neglected it's your obligation to notify someone." It is and I will, but without detailing the incidents of this now 22 month divorce, I am not confident you would truly understand why I feel this way.  

Thank you again for your response.

[socrateaser]

>I believe that, at this point, any complaint I file against
>CPS or any claim I make regarding the neglect of my child
>about the other parent would appear to be retaliation for the
>false allegations my spouse has placed on me. I believe that
>it would give my spouse the further upper-hand in the claim
>that I am un-fit, delusional, neglectful (you pick the week,
>it's a new one).
>
>I realize your response may be: "If your child is being
>neglected it's your obligation to notify someone." It is and I
>will, but without detailing the incidents of this now 22 month
>divorce, I am not confident you would truly understand why I
>feel this way.  

You seem to want validation vs. advice. I can't validate your apparent belief that you are the object of a vindictive government. And, since you don't want to detail your complaints, I can only wish you good luck.

[VegasMom77]

Sorry! Wasn't trying to come off that way. Thank you for the well wishes.

As for the complaints that have been made against me or the documented complaints I have against my spouse, we truly don't have enough space in this forum, nor is it the venue for such things. You answered the questions I needed.

Thanks again for the well wishes. Take Care!