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Can I file charges on a person for Slander.

Harrisburg, PA |

I am a mother of 2 boys and my husband has 2 girls thier biological mother has been trying to brake up our home and this time she filed sexual assualt charges on my 2 sons stating they did things to her daughter that at the time live with us. the child has been examined and the report came back unfounded so now she is saying I sexually assulted the child and penatrated her. we have been dealing with this for over 2 yrs. with these allegations my children no longer want to live with me because they are scared to end up in jail for something that is not true. I have been trying to maintain but im more concerd for all 4 children mainly the 5yr old that is being told to say these things about us. the commonwealth arent for the fathers it only works for the mother and my husband has been trying

Attorney Answers 2

  1. I am so sorry to hear of your difficult and unfair family situation. A case for slander is a civil case that you could file in civil court. Filing charges usually refers to criminal charges being filed by the District Attorney or the States Attorney. An individual cannot file criminal charges against another person on their own.. Criminal charges can only be filed by the state law enforcement authorities. Slander is t not the type of case for which I have ever heard state law enforcement filing charges.

    With respect to filing a civil lawsuit for money damages for slander, I do not think that would give you a remedy that would help you. I think you might want to consider developing a rapport with the Commonweath agency that issued the report finding the prior allegations of the biological mother unfounded and perhaps you can get a protective order against the biological mother from interfering with your relationship with your children. I believe that working through the Commonwealth Agency is your best bet at keeping your family relationships with your children healthly. If these matters get to family court the judge will rely on the recomendations of the Commonwealth agencies representatives. It sounds like they know that your are being subject to unfair and untrue allegations so you have a good start here. I know working with the Commonweath employees is not easy and is frustrating but I think that is the route that will best help you with a solution to your situation.

  2. Well, this is an extremely dangerous situation. Without question, this is not the type of situation that an attorney on the Internet can adequately address. I would retain a local attorney at once without delay.

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