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  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Default Threatened With False Abuse Charges

    My question involves a child custody case from the State of: California

    I am an American Airman. thank you for reading my post, I will try and make this brief.

    my soon-to-be ex-brother-in-law put his almost 3 year old, 32 lbs child in a booster seat in the front of his car. my wife and I told him it was illegal and he shouldn't do it. he got mad. the cops were called, they told him to change the carseat. a bunch of drama unfolded but in the end he told my sister-in-law that he was going to get our children taken away from us by telling them we abuse our children by "beating them"

    there is no proof, our children love us. yes, we do discipline our children according to what they did wrong but the police told us it is ok as long as it's not continuous or over what it should be. we have never left marks on our children from punishment.

    if he or his new girlfriend call CPS on us, nothing is found wrong, what can be done to them for filing false charges?

    also, is there a way to head him off at the pass? like, calling CPS ourselves and having them come out and inspect us or letting them know what he is up to?

    i appreciate any help

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Threatened With False Abuse Charges

    Good gods, no, do NOT pre-emptively call CPS. They've got more important things to handle - like actually abused children in dire need of immediate help - than a pre-emptive report that someone might maybe eventually call in a false complaint.

    People threaten to call CPS all the time. Unless and until they do, there's nothing to do but ignore it.

  3. #3
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: Threatened With False Abuse Charges

    my husbands ex wife threatened us with calling cps so I called the local cps (not a hotline) asked to speak with a cps worker and explained the situation. She made note of the call but said she could not do anything until the ex actually did call. She did and they sent out somebody that was not actually a cps worker but somebody from a contract agency that works with them to provide services to check things out to see if an actual investigation need to be conducted. There was nothing so this woman came out once said everything was fine and never came back. We received a letter stating children at "min to low risk of abuse/neglect " and "child is safe in the home" with in a couple of weeks of that person's visit. The ex wife had no charges placed against her and did it again and again until finally the opened a case based on repeated calls of the same nature. After that we hired a lawyer and the case went to court (kids never removed) case was thrown out of court and still no charges on the ex. They don't prosecute false reports because they are afraid it would stop people from calling in abuse/neglect.

  4. #4
    Join Date
    Nov 2008
    Posts
    2

    Thumbs up Re: Threatened With False Abuse Charges

    Justice33 ... would a text message be as good as a tape? My sister-in-law, I believe, has a text of the threat.

  5. #5
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Threatened With False Abuse Charges

    Quote Quoting volorious
    View Post
    Justice33 ... would a text message be as good as a tape? My sister-in-law, I believe, has a text of the threat.
    Text would be better. Tape recording someone without their consent is (depending on the laws of your state) illegal. If one party is on a cell phone Federal Law can come into play. Save the text.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Threatened With False Abuse Charges

    If you have evidence of somebody making a threat to make a false police report, hang onto the evidence in case they carry out the threat.

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