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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Falsely Accused of Domestic Violence and Child Abuse

    My question involves child abuse or neglect in the State of: Texas

    My wife framed me for a domestic violence charge. Then she reported to CPS that I abused my child 3 months ago and initiated an investigation.
    For the domestic violence charge, I have to take a bargain plea with the DA for personal reasons.
    My wife on other hand emptied the bank accounts, house, etc and moved out of house. She filed for divorce and even applied for a PO for herself and child.

    Judge gave her the PO for 2 years however; she did not buy into child abuse. The CPS case was also inconclusive that I have abused my child.

    Now we are fighting in court as to who gets the child. My wife is bent upon to move out of state and requesting the court to give her the permission to take the child away from father.

    1. Can I countersue my wife in the civil court for defamation, slandering, causing mental tension and agony.
    2. Can I countersue my wife for trying to keep a child away from father and violating fathers right.
    3. For entering into this marriage just for the very own reason of to make money and now using the child as a fishing bait
    4. She told the civil judge who was hearing for the PO that how husband has been abusive before the marriage and for 4 years after marriage and that she had no options. She played to be the victim.

    Any options I have??

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,006

    Default Re: Falsely Accused of Domestic Violence and Child Abuse

    1. No.
    2. No - you enjoyed due process, and your rights have not been violated.

    3 & 4 are irrelevant.

    Seriously? You have no case here.

    You took a plea, and the CPS case was inconclusive (meaning that the child could have been abused and there was simply not enough evidence to prove it) - frankly she stands a better-than-most chance of being allowed to relocate out of state.

    All you can do is hire the best attorney you can if you actually want custody of the child.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Falsely Accused of Domestic Violence and Child Abuse

    For the domestic violence charge, I have to take a bargain plea with the DA for personal reasons.
    No. You don't HAVE to. You are CHOOSING to. You have the right to reject a plea and go to trial. The right to trial is one of the key rights we enjoy in this country. If you choose to give up that right because it's easier or for "personal reasons", you need to be aware that such a decision has the consequence of negating your ability to claim that the accusations against you were false - because your acceptance of a plea functions as "GUILTY". You also need to be aware of other potential consequences that can go along with a criminal history. Make sure you get the facts from your attorney BEFORE you make that plea. But you can't stand in front of one court and say "I'm guilty" and then expect to stand in front of another court and say "this was all a bunch of crap and I'm not guilty". Whatever you plead in the the criminal case takes controlling interest in civil cases. If you don't want to be guilty, then you don't have to PLEAD guilty. You can make the state prove its case and make a jury FIND you guilty - understanding that you are then exposed to the RISK of being found guilty on the original charge. But no one ever HAS to take a plea (that's why the term "bargain" is part of the phrase "plea bargin" - because you are giving the state a conviction in return for a reduced charge).

    Now we are fighting in court as to who gets the child. My wife is bent upon to move out of state and requesting the court to give her the permission to take the child away from father.
    "Away from its father"...mom living out of state with the child doesn't have to mean the child is lost and gone forever, Clementine. Phones, internet, web cams, planes, trains, busses, boats, cars, and pack mules, are all qualified to facilitate that relationship. If mom wants to petition the court to move out of state, then you ask the court that mom be the one to bear the burden of additional costs of travel.

    1. Can I countersue my wife in the civil court for defamation, slandering, causing mental tension and agony.
    Can you sue? Sure. Anyone can sue anyone else for anything. Why would you expect to WIN, given that you're going to accept the plea and admit criminal activity?


    2. Can I countersue my wife for trying to keep a child away from father and violating fathers right.
    Nope. She's allowed to ask the court to do that. That's why we have courts - to determine if what is being asked for should be done or not.

    3. For entering into this marriage just for the very own reason of to make money and now using the child as a fishing bait
    People enter marriages for LOTS of reasons. Love often isn't at the top of the list. That her reasons differed from yours doesn't provide fodder for a winneable case.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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