My daughter drew a picture at a playdate that is of questionable content, the mother called CSPP, and they they have determined that the 'suspected abuse' is unfounded. The mother is now showing the picture to any parent that will look at it, but will not return it to me and is telling parents I don't care and don't want it. I want her to stop talking about my daughter and want to get the picture back. Can I sue her for slander, harassment or emotional distress?
None of the above. She has an opinion, which is allowed, and reporting to child protective services with suspicion is protected. I suppose you could sue her for the value of the picture less the value of the paper she provided.
There are many reasons you don't have a lawsuit.
1) Opinion is protected - even the opinion that the picture means something more than YOU think it means.
2) You have shown no damages - not in a monetary way.
3) You have shown no intent or negligence to cause you emotional distress
4) She has a right to report suspected abuse or a picture that shows something disturbing to DCPP.
Only if you could PROVE that she did this ONLY to cause you harm, would you have a chance, and that is not in your post.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
No, but a local Clementon lawyer can send her a cease and desist letter. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
You might be able to but if she has no money, then you will pay a lawyer per hour to do it. Suggest you follow professor Lassens advice, pay an attorney to send her a letter. In the alternative, talk to Fellowship Farm in Pottstown, Pennsylvania, about other ways of resolving the dispute, as the law is not a great instrument for getting people to behave like good, caring, civil beings.
All the best to you, your daughter and family.
She's getting close to a harassment claim, it sounds like. It also sounds like it may be your daughter who she's harassing-and courts do not like that. You could consider sending an aggressively worded cease-and-desist and cc'ing the people you think she spoke to.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline