Legal Question in Civil Litigation in California

That won't fly. Instead try intentional infliction of emotional harm (2 yeas) or violation of your civil rights against DCFS (3 years). There may be other angles. Go see a lawyer.

While I empathize with you regarding the false allegations of domestic violence (which is far too common in family law courts), I think you may have another issue with your complaint besides the statute of limitations - Civil Code 47(b) sets forth the litigation privilege.

Basically, any statements made in a judicial proceeding are privileged and the definition of slander in Civil Code section 46 states that slander is, in relevant part, "a false and unprivileged publication, orally uttered. . .". Since statements in judicial proceedings are privileged because of 47(b) and CC section 46 states that only unprivileged statements can be slander, you could have a problem if the allegations regarding domestic violence were only made in court or related to a judicial proceeding. What is worse is you may be setting yourself up for an anti-SLAPP motion to strike and have to pay for her lawyer's fees. For further information regarding the litigation privilege and the anti-SLAPP law, you might wish to review Dowling v. Zimmerman (4th Dist. 2001) 85 Cal.App.4th 1400, 1417-1422. Also, a court discussed similar issues to yours in an unpublished decision (unpublished decisions may not be cited as authority in court) known as Milbrodt v. Milbrodt. You can find it by googling it. See also, Annette F. v. Sharon S. (2004) 15 Cal.Rptr.3d 100, 119 Cal.App.4th 1146.

This communication does not constitute the creation of an attorney-client relationship and is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.