False Reports

[gnick]

I reside in Ohio my case is heard in Fairfield County Ohio (Lancaster,Oh). I have a problem with my ex-husband. He frequently has the police department  perform well being checks when I have our child. He also continues to make false reports to Children's Services. I have documentation of C.S. investigations being opened and closed with no problems found. As well as police reports saying that there were no problems found during their visits. Although when we last went to court the investigations were brought up as reason for him interfering with my visitation time with our daughter. Of course they do not tell who filed the C.S. reports but I do know that it is him. So he is benefitting from his own wrong doing.

Question
 1. Do I have any control over stopping the harrassment?
 2. Are there any consequences he can face for the false reports or harrassment against myself and others in my home?                                                 3  Is there any legal way to obtain information from C.S. as far as where the calls to them came from?
4.  With all the reports saying that investigations were closed and well being checks found everything well with the children.....Can this still be used against me by the courts?

thank you

[socrateaser]

>Question
> 1. Do I have any control over stopping the harrassment?

There are probably false reporting laws in OH, but you'll have to discuss the issue with the sheriff or district attorney.

> 2. Are there any consequences he can face for the false
>reports or harrassment against myself and others in my home?

If there's a criminal statute, then there's a criminal penalty.

>3. Is there any
>legal way to obtain information from C.S. as far as where the
>calls to them came from?

Ask C.S. what they will require in order to release. If they say a subpoena, you'll have to file suit against your ex for intentional infliction of emotional distress and then subpoena the custodian of records to produce the reports.

>4.  With all the reports saying that investigations were
>closed and well being checks found everything well with the
>children.....Can this still be used against me by the courts?

Well, if your ex were to allege that the reports are damaging, then you would have a right to subpoena those reports into evidence. And, you could object to his statements that the reports are damaging unless he produces the reports themselves (called the best evidence/original document rule: party offering evidence contained in a a writing must produce the original writing or satisfactorily show why that writing cannot be produced. In this case, a subpoena to C.S would produce the reports, so their unavailability cannot be satisfactorily explained, therefore they must be produced, or the ex's hearsay is not admissible to prove the truth of the matter asserted, i.e., that the reports damage you).

This is what lawyer's are supposed to get paid for -- stopping this horse manure before the judge is permitted to think about it.

Although, to be fair to judges, they don't usually let unsubstantiated crap come into court -- not in real court, anyway, although usually on the "People's Court" on TV, because without the he said / she said, the audience gets bored and the show goes off the air.