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Can I file any type of harassment charge against my ex-wife for calling CPS and filing numerous OSC's against me? (Califonia)

Victorville, CA |

After long years in court I was granted physical custody of my daughter in 2004. We have joint legal with my ex-wife having visitation. She moved out of the area and was gone for almost two years with very little contact. When she moved back to Southern California I filed a case with child support services. She hadn’t paid in almost five years at that time. After I filed, she filed and ex-party hearing (dismissed), she filed an OSC, where she was trying to gain custody back of our daughter (the courts ruled that our child remain with me), she filed a DV case (dismissed) and a contempt case (dismissed). During that time she called CPS on me as well (unfounded). So today, she called CPS again. What can I do to make her stop abusing the system? Can I file a harassment case against her?

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Attorney answers 1


It is almost impossible to get a restraining order that precludes a person from making a report to child welfare agencies because of the high priority placed on the need to identify all possible legitimate cases of child neglect and abuse. Practically speaking, CPS has likely "got her number" at this point and likely to do only the most minimum screening the law allows in response to her complaints on account of her repeated abuses of the system. But it is not tenable for them to simply ignore all future reports from her. It's a terrible situation and you and your daughter have my sympathy.

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