My ex spouse continues to make repeated and false CPS allegations and even bogus criminal charges as part of an ugly child custody proceeding. What recourse does one have to stop this? Each and every allegation (some 25 of them) have been dismissed or ruled out. There must be something one can do to stop such malicious intent.
Personal Injury Lawyer
I am uncertain what you mean by a "CPS" allegation (perhaps "CDS - Controlled Dangerous Substance?") but one potential course of action, based on your description, is the initiation of a criminal harassment charge against your ex-spouse. Maryland law does prohibit the malicious engaging in a course of conduct that seriously annoys another when the offender intends such conduct to annoy, alarm or harass the victim after the victim has provided a reasonable warning or request to stop and there is no legal purpose for the conduct in the first instance. One might also consider the possible civil action of abuse of process, which involves the initiation of a civil action without a proper basis. You would be well served to speak with an attorney concerning the particulars of your child custody situation to ensure that whatever course of action considered does not inadvertently compromise your interests in any related proceedings.
Mr. Eidelberg is licensed to practice law in Maryland and the District of Columbia. The response herein is not legal advice, does not create an attorney/client relationship, is for educational purposes, and intended to impart general information about the subject inquiry. Consultation with a qualified attorney in the state from which the inquiry is generated is strongly recommended so that case specific legal guidance can be obtained.
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Divorce / Separation Lawyer
Believe it or not, it's very hard to make someone stop making false allegations. What county? As for the criminal accusations: Each jurisdiction has a different State's Attorney and therefore the procedures to address your issue varies. The last time I had a similar circumstance I met with a Deputy State's Attorney, who issued a memo to the Chief Commissioner of that County requesting that no charges be placed by the individual against my client until first reviewed by her office. As for the DSS investigation, probably not much can be done. It's been my experience that those offices have less discretion and must, by law, investigate every claim of abuse, no matter how far fetched. However, you should be able to use these false allegations to your advantage in the custody proceeding and may also have civil claims against her (see my profile, under "portfolio cases," (it took 8 days & 5 experts, but "alienation" by false accusation can be proven).
Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.
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Administrative Law Lawyer
Talk with a local attorney about whether you have facts sufficient for having him declared a "vexatious litigant" and barred from filing a legal action without prior permission of the court.
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