My boyfriend has been convicted of a mis. sex offence. We are fighting it and have a stay. We have been informed by many people socal services has been telling them he is a conviced sexoffender & if they have anything to do with US ( myself and kids) they will have their kids taken from them. I was informed by a dear friend that SS said that if my kids and i atend her sons birthday party her son will be removed from her. I can understand my BF not going but a 1,6,11 and 24 year old? Things like this have been told to my BF work caused problems and it has afected my kids school life as well. our olderest son has been forced to end relationships because the girl would be threatended by SS if she had a kid. Its causing problems for us all. Can i sue for slander?
He has been convicted but is fighting with an apeal and is currently on bond. He doesnt have to register as a sexoffender. And he abides by the conditions of his bond. The reason he was convicted is because he was missrepresented by a public defender who didnt submit into evidence witnesses that would have helped the case. The boyfriend is the father of my childern and according to the court he cannot be around any childern other than his kids. That is not the problem. SS is threatening our friends that if they have my childern and myself in their house their childern would be taken from them. It is I that i want to do something about what they are doing to my childern and myself. We have done nothing wrong. But SS is making look like its all of us who are convicted. The crime which he was convicted for was atempted sexual contact wich is a misdomeaner sex offence and it was against a 21 year old adult.
There is something missing from your story. Social services (DFS) does not randomly call around to find people you know and then threaten them. If your friends are being told this information, its because (in all likelihood) they called DFS so see what is going on. DFS blew it by talking about your case with outsiders, unless perhaps they were witnesses in the original matter. Yes, DFS will look very poorly on your boyfriend. DFS will not like at all that he is around any kids, including his own. If the conviction was for any kind of sex offense, this attitude is not going to change any time soon.
If he is not required to register, you may wish to tough it out until he is off probation and parole and move to a new area that is unaware of the past.
You should not be volunteering any information to anyone without first talking with an attorney.
Suing the state is a losing proposition. You need to get really good advice on how to get off the state's radar and get through the boy friend's situation with the least fuss and muss.
Like many attorneys we will sit down and review your situation with you without charge.
Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.
By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford. For example, some attorneys will prepare letters for you to sign, legal documents, or sell the paperwork for the court filings; then you can proceed on your own, but knowing that your paperwork is correct and having a road map as to how to proceed. Or who will attend a hearing for a flat fee even if they are not handling the whole case. Neighborhood Law Office is such a firm.
At Neighborhood Law Office we never charge for an initial consultation, and at that meeting we can go through your specific facts and give you options. Please call us anytime for an appointment.
Neighborhood Law Office
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NOTICEâ€” This answer is based upon a partial understanding of the facts and may not be relied upon as legal advice. It does not create an attorney client relationship between the writer and the attorney. It is provided for general information. You should always consult an attorney about your important legal rights.
General Practice Lawyer
You raise a number of very serious concerns. I am not sure what you mean when you say there is a "stay." A stay from what? It would make a great deal of sense for you to seek counsel -- perhaps in Southern COlorado -- to sit down and let that professional digest all of the concerns you have raised.