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Can I Sue Somebody for Taking Me and My Husband to Court with False Statements

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  • 03-04-2012, 03:08 PM
    giaji
    Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    My question involves a child custody case from the State of: new jersey

    hi my husband has a child with another woman she has always take him to court for domestic violence and then dismissed all the time wasting us time two years a go she took me to court saying that i have threatened her life to a civil court and at the same time stop my husband child visitations by saying that i have send people to bit her up all these were false accusations and they all got dismissed again, she also call DFIS on us saying that we use drugs my husband was check by drug abuse and obiasly came out clean and the case got close.

    now i have two kids with my husband and their kids is 6 and they both (mom and child) went down to DFIS againg to say that there is domestic violance in my house i had tow social workers in my house las wednesday and i being checked again all over false testimony , i was wondering if we can file a civil court against her for now and all those times that she made us go trough a bad situations i have recording of her family talking bad about her i dont know if that will help

    i'm afraid that sociol services my take my kids away since now her child is lying about me.
  • 03-04-2012, 03:25 PM
    Dogmatique
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    Eventually, DFIS will cotton on to the false reports.

    However, if she is GENUINELY concerned that there is violence, she has every right to make a report and you would have no recourse at all.

    Get on with your lives as best you can.

    No, her family talking bad about her won't help - it's pretty much expected.
  • 03-04-2012, 04:51 PM
    giaji
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    i thought i was able to sue her i guess not but is there someway i could try to stop for them to believe her all the time when she never shows proves and whenever we try to prove the she is lying she always dismisses her cases its been already 8 years with the same situation.
  • 03-04-2012, 05:05 PM
    Dogmatique
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    The problem is, proving that she is knowingly making false accusations versus being genuinely concerned.

    For example - has there ever been a domestic violence incident in your household? Have either of you ever tested positive or had any issues with drug use?
  • 03-04-2012, 05:13 PM
    davidmcbeth3
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    You can examine "conspiracy to tamper with evidence" if you wish.. it is a cause of action -- if applicable in your case, I don't know.
  • 03-04-2012, 05:36 PM
    giaji
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    i have never have cops on my house or any case of domestic violence on my husband and never tested positive on drugs i dont even have criminal record.
  • 03-04-2012, 05:41 PM
    Dogmatique
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    I truly do understand your frustration. I'm just not seeing anything you can really do unless you can prove that she's deliberately and maliciously making these accusations.

    As long as you, Dad and your kids are okay and there's nothing amiss, child services are quickly going to realize what Mom is doing. They do have to investigate, that's true - and I know it's inconvenient and a complete PITA - but, if you're doing nothing wrong it's not likely that anything bad is going to happen.

    It might be worth calling a couple of family law attorneys though. Just in case. You can't stop her from calling child services, but if he can convince a judge that Mom IS doing this out of malice, he might - just might - be able to show that Mom is deliberately alienating the children from him and that perhaps custody should change to Dad being the CP.

    Would he be okay with that? I'm absolutely not saying that's a slam-dunk or even likely, but there might be at least a chance.
  • 03-04-2012, 06:43 PM
    Who'sThatGuy
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    Quote:

    Quoting giaji
    View Post
    i have never have cops on my house or any case of domestic violence on my husband and never tested positive on drugs i dont even have criminal record.

    Great, nothing is on file or record that there is/were domestic violence and or drug use in your household.

    Has your husbands ex, or anyone that she talks to ever seen you or your husband use alcohol or drugs including prescription medications?

    Has your husbands ex, ever seen the two of you argue with each other. This doesn't have to include physical contact, just verbal abuse.
  • 03-04-2012, 06:52 PM
    giaji
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
    he will be happy if he would have full custody we are going to get a lawyer to get this resolve i really apreciated all your advises
  • 03-05-2012, 12:15 AM
    Zibeonrizpah12
    Re: Can I Sue Somebody for Taking Me and My Husband to Court with False Statements
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