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False allegations

Started by Neversaynever, Sep 20, 2004, 06:13:44 PM

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Neversaynever

I don't post much, hardly at all but I need help for my dh and our family.  Myself and DH have both had allegations (submitted to the court) via Police reports or attempted restraining orders or even in Motions to the Court.  Then there was the allegation that dh's 9 year old niece had done something.  Now PBFH alleges that my oldest child did something to her child.  All of the allegations are from physical harm that we've supposedly all done to the child of the past two years.   None of the allegations have ever went anywhere because, obviously, they are lies!  

But I am getting tired of it!  The last one (against my child) she tried to get it to go to a trial but the PO talked her out of it apparently because he had his suspicions about the whole thing.  

This isn't fair to my child or to my step-child for that matter!  Now my child has a report saying that he's abusive!  As for the step-child, she had to get the step-child to lie to the PO so what's she done to the poor step-child's mind?!

 Is there anything that we can do against her for taking this false and harrassing action against our family?

ca pas victim

The various forms of ammo these vindictive X's hurl just blows me away. I do not have an answer nor do I have a suggestion, I do present however a saga within the spectrum, I can relate. This is my first post, your situation grabbed my attention, disheartingly similar. 2 months into moms pregnancy she became dilusional, suicidal, and violent. We took her to some shrinks they all were in accordance that she had classic prenatal as well as post partum depression. Mom refused meds which is a touchy subject all together so an extra session of therapy was in order to compensate. Kidding me? A dozen suicide attempts, 4 shrinks, 12 police reports and a couple visits from the firedepartment later, I get arrested for felony domestic. Good ole CA justice for you, because we are not married I could not implement mandatory evaluation, scary stuff, so a month after son #2 blesses our lives mom is living with mom blaming me for her duress and decides to break into the kitchen window grab some breast pads and flag down a cop citing the damage I allegedley inflicted. 2 hours later after arriving home with my brother the police bust in my house no questions asked and hall my ass to the pokey. 10k later(bail and lawyers) mom is doing everything in her power to keep my family and I from having any contact with my boys. By the book she plays the PAS game, son #1 now believes I'm evil and not his papa,while #2 hasn't seen a soul from the stable side of the family in a month. She is breastfeading and has this case looming over me wich I'm told by my council will take a minimum of 6 to 8 months to resolve. The DA has the facts and is willing to drop the charges to disturbing the peace, wow thats great. Sad to see that a diaper class attourney upholds a personable agenda rather than serving justice in the best interest of the family unit or what is left of it. Can't go to family court until case is dismissed, she knows it and is playing me like a fiddle. Thats the short version, any tactics out there? Police side with the milking mom,stuck in limbo jumping through hoops,can't see my kids, just a frustrated victim in CA.

nosonew

Talk to your county or city attorney.  False reports can be prosecuted.  If they are numerous (like yours are) they may charge her with making false reports. I did this, my county attorney stated if she made one more false allegation, he would prosecute, and to avoid that happening, we told her what the country attorney said.  She called him and asked! He told her he would prosecute.  Hmmmm never had another one!  

Other than that, I don't know what to tell you, however, you can also try civil court for her malicious behavior.

onedaddy

Here's my story:
DH had never been arrested until BM had DH arrested 2x in 7 months.  The first time we mistakenly accepted an ACD and she was awarded an order of refrain.  The 2nd time DH spent 10 hours in a maximum seciurity prison and we had to post $2500 bail.  Against the judges advise we demanded a trial.  The judge stated BM was shifty, not credible and did not believe a word she said, but there was "no punishment for her".  Please note BM's new husband has 26 arreste and spent 5 years in a state prison in Florida.  MOST of which was for domestic violence.   BM also filed false charges with CPS and various family courts in NJ where the divorce took place and NY where everyone currently resides.  All of this to gain sole custody of the 2 children.  Are custody trial takes place next week. Let me not forget that BM has also obtained a $5,000 line of credit under DH's name using his ss# after the divorce and refused to pay her share after the divorce both causing negative credit ratings and affecting our mortgage rate

I believe, it is your constitutional right to live freely of undue persecution.  No punishment?  No chance of stopping.  Very, very scary.  There is little more frightening to me than going to jail for no reason.

We were going to sue BM in civil court until we found out she transferred the deed on her home to her new mother-in-law, and she has in excess of $40,000 just in credit card debts that we know of.  I feel very strongly that she will never stop if we don't prosecute her somehow so I finally talked DH in to filing a claim in small claims court for false imprisonment, malicious prosecution, etc.  If she is forced to pay DH $3,000 or even has to walk around with a judgement hanging over her maybe she will think twice before calling the police again.  
 
As I'm sure you've both heard on this site before, make sure you document, document, document.  Do not let a conversation go by without a tape recorder rolling.

Neversaynever

doesn't feel quiet as bad now.  I'm just frustrated because she will use anyone to get what she wants including minor children and sacraficing her own child.  Where do you guys find these idiots?!  JK!  

If you're around Fresno Co. I know a good attorney or two there.  Hopefully yours will help you out though.  Best wishes!

Neversaynever

because we spoke to our attorney and he basically told us that she's a liar and that's that.  He said with her there's nothing we can do that will ever change what she is.  

We didn't go to the county or city, but we'll certainly give that a try!  Thank you so much.

mable

My daughter's ex started filing false police reports in June. Following each visitation he would call the police and make up a scenario that did not happen.  He was up to 8 by the time she stumbled on this .  So she took the copies of the police reports back to the station and spoke with a detective there.  She had proof that some of what he said was false and the detective told her that he has so far refused to sign any ot these!  He calls them, has them do the paperwork but will not sign it. So they said the first time he signs he will be charged with filing a false police report.  

Now, this is not the first time he pulled this a few yrs ago in another county...they finally told him to knock it off or they would arrest him!

ladybug

Our family, too, is going through some very trying times.  It's as tho we
 have all been caught up in a whirlwind and are still reeling from it.  The

way these alienating parents (in our case it's grandparents) get away
 with their wicked actions is beyond belief.  I have determined that instead of sitting back and letting it happen, I was going to take action.
  Here is what we are doing in Maine and you mignt be interested in doing the same in your state.  It does take a lot of time but I am determined they are not going to get away with it.  


I started by writing a letter to the editor about Parental Alienation

in our case it is Parental Alienation Syndrome (PAS).  I had people call
me who are going through a similar experience.  I found a woman,
through this, who wanted to join me in forming a support group. But we
 also wanted to inform others of this awful disorder that breaks up families and denies them of their civil rights.

Our aim was to INFORM the Guardian's ad litem, lawyers, School Guidance counselors, Legislators and those in authority to do something meaningful for targeted parents & kids..  
We set a date for a meeting and it's going to be held in a school, on Oct 25 (usually school rooms are free). Next we sent out over 125 notices - on post cards (it's less expensive that way), put up posters, and sent Press Releases to the newspapers invited the 4 TV stations to attend this meeting. We call our group KIDS IN DISTRESS (that may change later).  We also have contacted family services groups who are more than willing to help.  There are Kids pins you can buy and we are buying them to wear to identify ourselves and sell to others who are interested in saving our kids and to help hurting parent.
We are hoping this will attract some much needed attention to this
 vicious problem and bring it out in the open.?

ANOTHER IMPORTANT THING....did you know you could and should
contact the FBI regarding your rights being denied as stated in the 14th amendment sec #1?   -your right to life, liberty and the pursuit of happiness is being denied.

...you have a case and everyone reading this should write to the FBI in
your area at once.  Let's make this an issue - we have a chance to make a difference if we work together.  Send a copy of your letter to:
The Dept of Justice, CRIMINAL SECTION, Civil Rights Div, 950
Pennsylvania Av, Washington DC 20530.  If you don't know the address of your local FBI office, (you should be able to find it in the tel book under United States Government) send it directly to the Justice Dept.
and they will forward it to the proper FBI district.

It's the job of the FBI to investigate and the Dep of Justice to prosecute.

GOOD LUCK don't give up, it's the squeeky wheel that gets attention!
Let's take action, if we don't nobody will..If we all write letters we could
make a difference....

Ladybug
(in Maine)

gipsy

stay the course be a good parent and don't do any thing , Do they appoint a Guardian ad litem or the likes there In CA , Similar happened to me in wash state , It seemed miserable But I stayed the course , There was a Guardian ad Litem appointed the Guardian ad Litem said there was nothing to substantiate her allegations , Don't take the Plea ! Its admitting to something so you can See the kids right away  , This site has a lot of info on it and advises to NOT do that ,do NOT plea so you can see the kids quicker , Because this plea will be used against you as evidence , What DO you think ? Like this sick Mom [won't ] Use your plea as a victorious flag , I have read and seen this only gets worse ,, Maybe you could get supervised visits for now ! DO not take any plea , If you are innocent and there is no witness or evidence and you can prove you were not there then Bring your witness , I would seriously look at different options and interview a few atty's , DON'T JUST HIRE AN ATTY!!!! I had to fire two , . You don;t need the dream team , This is not rocket science , You just need an atty to do a decent job , I was so impressed with My atty when I watched him at a different trial , Go watch atty's at trial .  The good ole american court system is open to the public . Go watch a family law trial . If you watch A couple of hours of maybe two , You will see At least one good atty , If you can't hire that one ask them for one they know , Birds of a feather flock together , Watching a couple of trials is priceless in this type of situation . I saw one stupid atty , And a couple of good ones , You should do this before hireing any atty , And you will have some confidence in knowing the difference , A good atty is pricless , And a bad one will screw up your life !!!

StPaulieGirl

As of right now, I don't know anything you can do.   I' ve had two visits from CPS in the last three years.  They were judged to be unfounded, but I'm sure there will be other visits in the future.

I'm trying to find out where Ms. Mandatory Reporter actually works.  As I've posted before, she has violated pc 11172, but I'm too busy to track her down.  I'll find her, don't worry.  She's married to my ex husband.  

Btw, I'm sorry your kids have to go through this disruption of their lives.  This stuff has sent my daughter into a tail spin.  She's on home studies now, and loves it.