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How can I go about proving false accusation that were made against me through DCF? After I prove it, how might I press charges?

Boca Raton, FL |

My home was burglarized twice, the man was arrested the second time. I've received 3rd party threats. His sister told me she would make me pay. 20 minutes later [I saw the sheet the DCF worker brought to my home] a call was processed. The allegations had to do with guns and knives being used on my daughter by myself and my boyfriend. She later admitted via text that she called them. The DCF worker said that she suspected Domestic Violence in the household from my boyfriend towards me, not my child. The case is now closed. I filed a complaint with PBSO, however, on the complaint it said it was for informative purposes only. HOW CAN I PRESS CHARGES ON HER FOR PUTTING ME THROUGH ALL THAT MESS? I don't want DCF ever using that against me if there were, God forbid, another call made to them.

Attorney Answers 1

Posted

You made the right decision by filing a report with the PBSO. Pursuant to the administrative rules, you should file a complaint with the Department of Children and Families. DCF will investigate the matter and if they determine the report was made by a person who knew it was false DCF will make a complaint to law enforcement. Knowing making a false abuse report is a crime and a person can be subject to criminal prosecution and adminstrative fines up to $10,000. Please be advised, however, that only a handful of false reports in Florida have been determined to be knowinlgy and intentionally reported and therefore referred for prosectution. If you still have the text message, this is evidence to support your position that the individual knew the report was false. Under Florida law anyone who has REASON TO SUSPECT abuse, neglect or abandonment is required to make a report to DCF. If the child protective investigator suspected domestic violence between you and your boyfriend, this is evidence of risk of abuse and neglect. You may also consider a civil lawsuit against the individual, but this could be costly to pursue and even if you are successful in obtaining a judgment against this indidividaul, you may never collect any damages/money from them.

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