Ex Filing False CPS Reports

**ALC27** · 03-08-2010, 02:31 PM

My question involves restraining orders in the State of: TX
I have a 5 yr old daughter with an ex who is controlling and has harassed me with false CPS reports. What can I do?

The CPS reports started in 07 when my daughter was 2. She had a few little scratches on her back and butt from playing in a card board box. Her father called me up to complain that she had an accident in the car, I told him where the blame should be at since she told him she had to go. He then mentioned the scratches she recieved earlier that day. I explained to him how she got them and that I had put medicine on them. HE was mad because "she should be properly clothed at all times". The scratches were gone when she came home at the end of the weekend. Early the following week we received a visit from a CPS worker about abuse. She took pictures and we talked. The case was closed.

The second time was in 08. This time he claimed there was sexual abuse. I got a call from CPS and we scheduled a meeting/interview. There was a Police Detective there. Im not exactly sure what they did to my daughter but after they talked with her the CPS worker took me back and spoke with me. She wasn't able to tell me who filed the report, but after telling me what I was accussed of I put 2 and 2 together and figured out it was my ex. It helped that my daughter told me a month prior that "daddy said you took me to a dirty movie in the theater". I am very careful of what my daughter watches and new this wasn't true. He later accused me of allowing my friend to sexually abuse her. This case was also closed.

I went ahead and requested the reports from CPS and just got them in the mail. I read them over and the information in it is wrong. They keep mentioning how she was in the hospital numorous times because her arm was "yanked out of socket". She had nurse maids elbow as a baby/toddler. Her father even admitted to me after we found out she was suseptable to nurse maids elbow that he picked her up by her arms because she had a fit at the mall. She started screaming her arm hurt (was 2-3 at the time) and instead of getting her medical attention he made her take a nap.

The allegations are totally false, with twisted truths and added lies. He gave false information to CPS- a false phone number for me, as well as telling them I dont have a vehicle and was there when they came but refused to answer the door. This was in the report.

I haven't heard of any other reports against me by him. But was told by CPS that because he has made these false ones they will most likely ignore his accusations.

Is there anything I can do about these false reports? I feel its unfair to have these horrible false reports against me. He shouldn't be able to make things up to make me look like a bad person. Is there any point in pursuing a case against him for harassment? He still treats me horrible. I'd ignore it, but he includes our daughter in things. Using her as a messenger, telling her lies about me.

thanks.

**empirestatecollegefrosty** · 03-08-2010, 06:27 PM

I am not a lawyer but am experiencing the same false reporting by a lunatic soon to be ex husband sitting in jail rotting for violating OPP just over seven times and caught filing a false police report against me! For one what I read is that they are unfounded which is great. If a report is unfounded you have a right I beleive to request them expunged and legally sealed. I beleive you have 90 days from the date of closure. That is if of course you did not receive a letter from CPS closing the case. You can fight that because they have to prove they mailed it to you. I would focus on future CPS visits. You have a right to be present when they question your children. You have a right not to let them in your house and need to have an order from the court (but that is pushing it because it would make you seem uncooperative). If they do come to your house I'd be very brief with yes or no answers. Or keep repeating you know nothing but you suspect your husband is filing false reports. Jot down or even tape record them talking so you can document what was said because YES they do lie and YES they do change things around. If your daughter gets hurts by accident and you take her to the doctor write a note for the file to state what transpired in your own words and keep a copy for your records. CPS is resposible for investigating false reporting or you can approach the Assistant district attorney if you feel the reports are repetitive in nature. I wish you alot of luck because my children were placed in foster care for three torturing months because of my ex. They suffered. They were abused mentally. The system failed them. When they were in my care they were well taken care of. Never missed school. Doctors appts up to date. Dental visits every six months. Extra curricular actitivities you name it. In foster care they missed 25 days of school. No crisis counseling. Split into two different homes. Horrible.