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How to Stop False Reports to CPS

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  • 09-08-2014, 02:35 PM
    Daydreaming
    How to Stop False Reports to CPS
    My question involves defamation in the state of: MI

    My son and his ex have been involved in some custody issues which are currently being addressed in court. I suggested that my son retain an attorney because they know the ins and outs of family law, and he has done just that. His attorney filed paperwork with the court and currently the case is ongoing, so I can't mention the details publicly, except that there was a show cause hearing recently. When his ex found out about the hearing, she called and made false reports to CPS about me and my son. She had threatened me in the past with calling CPS, but since I have done nothing wrong, nor anything that she claimed was true, I was not worried about it. She did in fact call CPS, and she told someone that I know that she did so because, "I wasn't minding my own business." I have a hard copy of that correspondence. I believe this was an attempt on her part to cast doubt in the court's eyes about me and my son during the hearings.

    A lady from CPS came to my home and told me what I had been reported for. She did her investigation and found none of the claims to have any merit. By law she couldn't tell me who had called, but based on what the claims were, I told HER who had called and explained why I believed these claims had been made. She said that she would make a notation about what I had said in the file, and that they take custody issues in consideration when things like this happen. Even though the worker found that the claims were baseless, the investigation continues for 30 days by law, which I have zero problem with. She is doing her job, and I would expect nothing less.

    What does bother me is that I was made aware of a public post that her mother made on Facebook yesterday, basically with identical allegations as those made by her daughter to CPS. It bothers me because these allegations are untrue and if spread, either orally or on Facebook, could potentially smear my reputation in my community. Those who know me personally know better, but I don't know everyone. I have a hard copy of the post her mother made, and while she does not mention any names specifically, by her wording it is quite evident who she is talking to/about. (She rambles from talking about me and my son, to talking directly to me or my son.)

    My question is whether or not there is any action I can take to have them stop making false accusations like this? CPS has already found to my favor, though the case is still currently open. I have been considering opening a business in my community that would also be online as well, and the last thing I need is them chasing away potential customers with their childish antics and attempts to ruin my reputation.

    Thank you for any advice you might have.
  • 09-08-2014, 04:14 PM
    adjusterjack
    Re: Defamation/Libel: How to Put an End to the False Statements Being Made
    You might theoretically get a judge to issue an injunction against her and find her in contempt if she doesn't comply with it. Trouble is, you get into free speech areas that can be touchy in court. So you have to decide if you want to spend thousands on a lawyer to get this started or just develop a thicker skin.

    With regard to your reputation in the community, chances are nobody's going to pay much attention to this lunatic.

    Besides, you don't get a nickel for something that "could" happen and you don't have a cause of action for monetary damages until it "does" happen and you suffer those monetary damages.
  • 09-08-2014, 04:26 PM
    aardvarc
    Re: Defamation/Libel: How to Put an End to the False Statements Being Made
    If there can be a "nice" thing about CPS investigations, it's that if they find something wrong, they ACT on it. When they take no action, that should be a very clear sign to whoever's opinion your worried about that nothing was, in fact, amiss. In other words, your reputation remains intact UNLESS there is some action taken by CPS against you.
  • 09-08-2014, 04:34 PM
    Daydreaming
    Re: Defamation/Libel: How to Put an End to the False Statements Being Made
    Thank you very much for your reply. That is kind of how I thought it was going to be, but figured I'd ask just to make sure. And you're absolutely correct, I should grow some thicker skin because she is certainly not worth the first cent that would be spent trying to litigate it in court. It's just tough doing that when dealing with her. I'm sure you know what I mean.

    Thank you again for your time and response!

    Thanks also to aardvarc for your response as well!
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