Legal Question in Criminal Law in California

slander

My daughter was accused by her husbands ex-wfe of child abuse while diciplining her step son. the jury found my daughter to be not guilty. The ex has dragged her thru family court on sex abuse charges etc. Is there something that we can do to keep her from doing all of this.


Asked on 1/16/09, 2:31 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: slander

Your question does not provide enough facts to determine an accurate answer and I am uncertain as to the specifics of your question. However, I can offer some general information. Child abuse related to related to physical discipline and sexual abuse of a child are two very different issues. Your question appears to lump them together. If your daughter is falsely accused of sexually abusing a child there is plenty she can do (later) It appears you feel that a "not guilty" verdict in a child abuse case related to physical discipline should prevent someone from accusing her of sexual abuse in a family court setting. Unfortunately that is incorrect. However false accusations have consequences. Furthermore you should also be aware that sexual abuse accusations are becoming more common in family law cases and they are difficult issues that require an attorney. If there are false accusations your daughter could bring a defamation case against the person accusing her. In a family law setting you would need to ask a family law attorney about the options. I would suggest consulting with one anyway. Generally people can say negative things about others like that person smells bad. However, they can't say something like that person molested my child unless they truly believe it and the belief is reasonable. If you are asking if criminal charges can be brought against the accuser, it would depend on a number of different things. A marriage settlement agreement that was incorporated into the dissolution judgment that included a non-disparagement clause could lead to a contempt claim against the ex-wife however, it is difficult and that would best be addressed by a family law attorney. A few suggestions; You could get some knowledge at a family law court self help center. Generally most family law courts have some kind of self help. They do not give legal advice but they can give you direction as to the available options. They have limited hours and are busy so go early and in person. Also a referral to a criminal & family law attorney from your local county bar association would be a good idea. Get a consultation most attorneys will discount the first half hour. Write out your questions before and be organized when you get there. That is probably the best way to get your answers. Good luck!

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Answered on 1/16/09, 10:02 pm


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