False Abuse Charges and a Lying Witness

[Slavaka]

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

Let me start by saying I have 2 daughters ages 4 and 6 and have been divorced for almost a year and have been in a releationship since about a month before my divorce. I have custody of both of my children and the mother see's them every other weekend.
I was contacted by police about a month and a half ago. My kids went to their mother for the holiday and I actually let her take them a day early. Me and my fiancee went and met with them to find out what was going on. They showed us pictures of one of my daughters and she was bruised from foot to hip on one leg and in various other areas and also a busted lip. After seeing all this the police asked us several question and we gave them the names and numbers of several people who had seen the children. We left and police went to talk to my ex. I called the police the next day and they had not went to talk to my ex and kids yet but told me they would. I went up and got a copy of the medical report from the hospital after being advised by DHS that it was ok so that I could see all of what was going on. According to the time my ex brought the kids in it was a whole day after she got them. I brought this to the attention of the officer I talked to before and he threatened to arrest me for interfering with his investigation. About 2 hours later I was arrested and put in jail for 2 days at which point I was able to bail out. I have already had my arraignment, status hearing, and preliminary hearing. Next up is a formal arraignment. Now here are the interesting parts about what has happened. My ex said she didnt look at the kids when she got them until the next day, but she also took down my fiancee's friends license plate when they dropped off the kids for me(I was at work). The police actually went to the friends house looking for me instead of to my house because of the tag number they were given. Police never talked to a single person we gave them names and numbers for who had seen the kids that day and the day before at a big family pool party where those kinds of injuries would have been very obvious.
I have given my attorney all kinds of evidence proving that they were ok when they left, and also that my ex has tried this on me before. CPS was called on me as I was going through my divorce before by my ex. Also at the preliminary my ex had given a statement in the police report with a specific date that she had taken my daughter to the ER before for bruising and I happened to have the medical report for the specified visit and it was for an earache. My attorney caught her in this lie on the stand and I think made it pretty obvious that she has tried to do this to me before. She has a domestic abuse record already and also has my kids around an individual who is not supposed to be anywhere near them by order of my divorce decree and she stated that she allowed him around in court because she was told by DHS that it was ok.

The judge and my lawyer had a field day over this stuff and jumped all over DHS and my ex, and by the end of the preliminary the DA was looking at her as another possible suspect.

So basically I am trying to find out if the case can just be thrown out because of lies she has already been caught in, and would I be able to press charges on DHS, Police, and my ex for endangering my children for allowing the guy around them that is not supposed to be there?(police and dhs were both given a copy of my divorce decree after they told me that he was present when they saw the children) If they can throw out the case at which point will they do it?at the formal arraignment or at the next trial?

Thank you for your advice.

[aardvarc]

She has a domestic abuse record already and also has my kids around an individual who is not supposed to be anywhere near them by order of my divorce decree and she stated that she allowed him around in court because she was told by DHS that it was ok.

Court is a public place, so DHS is right that it's not problematic. Anyone has the right to enter a courtroom, the post office, etc. Where this could be problematic for her is if she's got this guy at the home, taking the children places, or otherwise "alone" or in non-public proximity with them. Aside from court, how long has this guy been around in violation, and how many times have you reported this violation to the court?

The judge and my lawyer had a field day over this stuff and jumped all over DHS and my ex, and by the end of the preliminary the DA was looking at her as another possible suspect.

So her lack of credibility brought a lot of eyes down upon her. Her gentleman friend must have given police one heck of a good alibi if he's not also being considered a suspect.

So basically I am trying to find out if the case can just be thrown out because of lies she has already been caught in,

If the DA has some new outlook, sure.

and would I be able to press charges on DHS, Police, and my ex for endangering my children for allowing the guy around them that is not supposed to be there? (police and dhs were both given a copy of my divorce decree after they told me that he was present when they saw the children)

Nope. Private citizens can file reports. Criminal charges are brought by the DA. It's up to the DA to determine charges. If the terms of a civil visitation order are being violated, it's up to YOU to bring those violations to the civil court who issued the order to ask the court to find her in contempt. If there's a CRIMINAL restraining order in place saying he can't be around the children, THEN police MAY have a duty to act, IF they witness the violation. Police enforce CRIMINAL law, but this appears to be a CIVIL violation of a court's order, thus the remedy is to take the problem to the court. No, a DA isn't going to bring charges for "endangerment" against DHS or police.

If they can throw out the case at which point will they do it?at the formal arraignment or at the next trial?

They could theoretically do it at any moment. They don't have to wait for particular milestones within the flow of the case, although they do TEND to just do what they're going to do on the next scheduled matter for the case rather than try to slip in something new.

[Slavaka]

In reference to the man that is not supposed to be around my children, he is my ex-wifes stepdad and she is living with him. I found out about this when police talked to me the first time and informed me of where she was, and she openly admitted to living with him in court. Both DHS and police were given a copy of my divorce decree which clearly states that he is to be nowhere near the children. At my last trial the judge told DHS that something should have been done with the children other than leaving them with their mother because of the living situation she is in and that something better be done by the next trial.