Can You Sue Somebody Over a False Complaint to CPS
My question involves defamation in the state of: TEXAS
I want to know what rights I have against this person that has falsely reported CPS, online slandering me, my 16 month old daughter and my disabled veteran boyfriend. They are causing EXTREME amounts of stress in an already stressful time - maliciously and spitefully.
I am a single mother of a 16 month old. I finally left the father of my child because he was abusive and left me at a convenience store to find a ride home. We did not have custody paperwork and I allowed him visitation and he kept my daughter and called CPS on me. The CPS investigation concluded and my daughter was given back to me. I have NOT received closing paperwork on this case. He accused me of drug use and that I am highly sexual and bisexual - I passed the swab test the CPS worker gave me on the spot. - I have since hired an attorney and are currently going through the motions of getting our custody case in court. I still have my daughter.
I made a friend, call him #2, during this time and HE was contacted by my ex and they argued. It has been about 4 months since my first CPS visit and making this new friend, #2. NOW, this new friend, #2, got upset with me because I started dating someone else and called CPS on me as well.
I know that the rights of CPS reporters are confidential but this second person posted many many ugly things about me, my daughter, my MOTHER, my boyfriend, and HIS mother on Facebook. He stated his intentions and accusations the CPS worker accused me of .. which are drug use and not wanting my baby and again, highly sexual.
I AGAIN, passed the mouth swab on the spot but I just got a call requesting a UA - I will be taking this UA but feel that I AM STILL BEING VIOLATED! and my time and my gas and my daughter needing to be taken to a sitter because the facility does not allow children is RIDICULOUS!
I am feel like because I am a women, I am single and I have a child that these men feel that they can do this to me. This second guy is a millionaire that sits at home and has a history of this behavior against another female.
Do I Have any case against the second man? if so, what kind and what do I do first?
Thank you - Momma and baby girl from TX
I am attaching all the info I have.
here is his past behavior to another female: http://www.nationaljeweler.com/nj/ma...-after-hateful
here are some of the things he posted about me and boyfriend, WHO was an infantryman in IRAQ that- by the grace of God -was not killed but disabled he is a disabled veteran.
He accused him of living of the government and "whats wrong w. America" and called him "a sorry excuse for a soldier" - we have snapshots off all of this before he deleted it and blocked us from his FB.
with these postings, he also sent a picture of HIMSELF holding alot of money just to prove its him and nothing will happen to him.
----
bitch come over, m i will be outside alone ho
w€ are wealthy, you are a loser and know nohing about me ho, youir
scared, what a ****ing pussy
tell rririam, I felt sorry for her when she was swallowing nv cock as I
heard her babay cry
gross ass bitch, like I am embarrassed I ever even talked to that whore
#2 September 7
thats just for the mall ho or to buy your bitch some razoirs
LATER LOSER
I DONT GO TO GONZALES< I JUST BANK THERE
come to Austin
call me ho 9*3-9**-**51
seek and destroy
I will be waiting ho
Apt 113
#2September 7
Ya, nv nut in your moms mouth
you would need a gun ho
you aint shit white trash and your bitch has a mustacyhe
you know whats up over here dog
we got m:mey
you eat ramen noodles and shit
#2September 7
So you're mad cause your money couldn't buy you love 101
my boyfriend September 7
SHe wanted me, I dont date mexicans
your funny, she has you all confused
later loser
man she played you
Why would I want a brokle ass hairy ass mexican
you got what I didnt want
#2September 7
Oh really? So why you mad then?! Hating ass bitch! I
MY boyfriend September 7
enjoy nv leftovers, I mean I didnt even have to kiss that bnitch and she
swalloweed
hate, on what
what your broke aass have to hate on, nv watch cost more than your
car
best of luck, i have a girl
#2September 7
ya, ho, ask around
later loser, nice girl man, sike
#2September 7
Re: Can You Sue Somebody Over a False Complaint to CPS
I wasn't aware they had a swab test for bisexual nymphos. Ahhh the marvels of technology.
It sounds like you wallow in making poor choices. Unless you have a lot of money to pursue any potential claim, I suggest you stop jumping into bed with man after man and focus on raising your child. This will likely slow down the rate of reports to children's services about your parenting.
Re: Can You Sue Somebody Over a False Complaint to CPS
Protective services complaints generally will not support a lawsuit, due to issues of privilege. So far, from what you're saying, protective services found sufficient concern in the allegations to temporarily remove the child and, although she has been returned, find sufficient continuing concern to continue your case and seek additional drug testing.
You've retained a lawyer, so if you want to know if you have a potential lawsuit against whomever made the report (because right now we're talking about your suspicions, not known facts) once your case is resolved, you should talk to your lawyer.
Re: Can You Sue Somebody Over a False Complaint to CPS
I did read that the reporter is protected by law - and that makes perfect sense to me.
But, what if this person confesses, in writing, to falsely calling in a report? He has called by boyfriend and verbally confessed and apologized - but he did not record it. I do not want to give this person my new phone number but am asking him to send me a written apology.
HOW are we getting all of this? We contacted this persons mother and he confessed and admitted to her and she has told him he needs to apologize to me and and my boyfriend. She continued to say that he IS BIPOLAR and does not take his medication and can become out of control when he does not take his medication!
He also stated he contacted my CPS worker and explained everything to her. I am not a CPS worker so I do not know how they do their job - but does this give me any more ground to stand on in MY defense?
ALSO, I went to the UA yesterday and the social security number on the CPS form was wrong - so I refused. How or Is it even important to CPS that this is COMPLETELY inconvenient for me and daughter. Now, I hve to travel again today to yet ANOTHER UA Appointment.
I just DO NOT understand why - when I passed the on the spot drug test this Friday - I have to take ANOTHER one 3 days later? WHAT evidence or facts are they basing the THIRD test? I just feel like they are looking for things to hold AGAINST me instead of protecting MY daughter..
Re: Can You Sue Somebody Over a False Complaint to CPS
If you want to know if you have a plausible lawsuit, ask your lawyer.
The reasonable inference that can be drawn from a CPS demand, "We want another, more accurate drug test," is that they want to see the results of a more accurate drug test.
Re: Can You Sue Somebody Over a False Complaint to CPS
Yes, I have spoken to my lawyer and have contacted the Office of Consumer Affairs because according to the Texas SOP - found online - CPS, at this point does not have a single bit of facts or evidence found against me – just a tip or call in.
I cooperated w. the first drug screen - passed, I cooperated w. the second drug screen - passed, and I EVEN went to take the UA but saw that my social security number, phone number, daughters name was incorrect on the CPS form. At this point, I called my caseworker and her supervisor to get correct paperwork and my calls went unanswered. I waited till 8pm at the clinic till it closed.
I received a text message -the next day- stating that everything has been corrected and that I need to go back.
This is ridiculous.. I have to find another sitter, drive there again and keep my daughter up past her bedtime because that is the only time I can go take this test. This, to me, is NOT in my daughter’s best interest.
I DO understand why they would need it but I do not see how it is MY job as a good mother to know the levels of testing. If the CPS worker is diligent then, to me, the UA should've been done in the first place IF they are saying the case is SO serious. It should NOT be my responsibility if they do not have enough information or did the wrong test to begin with.
Because I have cooperated this far and was willing to take the UA, I am NOW refusing and making CPS go to the authorities and prove to them that this UA is required. I do not feel that they have any facts to prove my daughter is in ANY danger. BUT if the police come w. a warrant - HEY, no problem! I will take it then too BUT I AM DONE with helping CPS do their job.
As far as the person who called it in, their family has agreed to work with me as long as I do not press charges.
I no longer need advice but wanted to post this just in case someone was wondering and I will let you know the outcome.