Skip to main content

Accused of watching child porn, nothing on my computer. The person making the accusation did so to get even with my fiance.

Millersport, OH |

My daughters boyfriend attacked my fiance. He hit him first while he was holding my grandson. The boyfriend ended up going to the hospital where our local cops went and interviewed him. During the interview, after he found out he was the one in trouble for attacking and hitting my fiance first. He told the police that my fiance watches child porn. The police came to my house the next day with a search and siezure warrent and with about 5 patrol cars and evidence truck. There were about 8 officers surrounding my house with weapons drawn and entered my house and took my fiance and put him in a patrol car. Never even told me what was going on until they came out of my house with my home computer, laptop, cameras, and cell phones. Kept my computer and things for over 4 mos. found nothin

+ Read More

Attorney answers 4

Posted

What is the question?

Asker

Posted

Can I sue the police department for obviously taking the word of someone who was trying to get even.

Asker

Posted

Nothing is going to happen to my daughters boyfriend but my reputation is ruined.

Peter Stephen Kirner

Peter Stephen Kirner

Posted

Can you sue the police. Sure, you can try, however you will not get very far. The police have a duty to investigate and they did just that. What do you believe they did wrong ? Once they found nothing, all is well. You say your reputation is ruined...I believe that is a bit of an overstatement. What reputation did you have and how is it ruined ? Are you or your husband unable to work ? Did you loose or your husband your job as a result of this investigation ?? Your neighbors may think what they think, but how has this made any real impact on your life, other then your feelings ?? Your feelings are not collectable as injury. Understand also that the only person responsible for this harm would be the boyfriend, not the police. The police did their job and investigated the accusation of a crime.

Posted

I see you put the area as libel, so while you did not ask an actual question, I would imagine your question is what can you do to the boyfriend for making a false accusation ?? If that is the question the next question would be, what harm has come to your Husband as a result of not true statements ?? Has he lost his job or otherwise been affected financially ? It does not appear as if he was charged criminally so again what was his loss ? I imagine there has been some frustration and finger pointing in the neighborhood however, and I ask again what was his loss ?

Could you sue the boyfriend civilly, sure, absolutely !! Would you win on a libel / slander claim ? Possibly. What would your damages be that you would be recovering, probably pretty low. An attorney would never take this case on a contingency, so based on the same, how much are you willing to pay in attorney fees to pursue this claim ??

The police should charge him with making a false police report, or something like this ! If they have not done this this weakens your case more.

Consult with an attorney in your area and see what she is willing to do for you.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Peter Stephen Kirner

Peter Stephen Kirner

Posted

I am going to update my answer with one that I found else where on Avvo. An attorney wrote: There is also defamation per se. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses. An example of defamation per se would be someone making statements about another that impute a crime on that person (i.e. child molestation). Radcliff v. Steen Elec., Inc., 2007 Ohio 5117 My anser remains the same, consult an attorney. I would suggest finding one who SPECIFICALLY has dealt with this issue and prevailed on the same. Again the challenge if you pursue the boyfriend will be collecting a single penny. Good luck !!

Posted

You don't say if they found the evidence or arrested your fiance, but the charge is extremely serious, and he would want to immediately retain a criminal lawyer in your city. Just search Avvo "find a lawyer" to find a criminal lawyer in your city. Good luck.

Lassen Law Firm Personal Injury Lawyers Philadelphia. www.InjuryLawyerPhiladelphia.com Phone 215-510-6755.

Posted

And your question is?

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer