Legal Question in Family Law in Maine
false accusations
My husband's x-wife recently had child protective called on my husband and myself. It was about their 6 year old daughter, it was basically we were all playing at the dinner table and she got minorly hurt, just a small bump and scratch. It really was no big deal, the next day you could hardly tell what happened. When the kids went home the next day they told her what happenend, she never called to find out from us what was going on. Then two weeks later we recieved a letter from child protective services. We meet with them tomorrow to discuss the problem. My question is after it is settled and they find that nothing is wrong do I have any legal recourse against her? This has been very disturbing for both my husband and myself. She works at the local grocery store and I'm sure that everybody has heard and thinks that we are terrible people, I don't want to go anywhere or see anyone for fear that they think we hurt our daughter. We would never hurt the kids like that, thats so wrong to even think that we would. I really want this nightmare to just go away. I have to live forever with this , somebody thinking that i intenionally hurt a child, absolutely absurd. Thanks for your help.
1 Answer from Attorneys
Re: false accusations
The fact that the other parent of the child reported possible abuse to DHS is not generally actionable, even if the investigation reveals that you did nothing wrong. Such a report to DHS should be a private matter.
However, if the other parent is defaming you in the community, it may be independently actionable. Whether or not good cause exists for such an action is impossible for me to determine given the limited information you have provided. However, keep in mind that assertions of falsehoods that are represented by the other parent as fact may be actionable. Negative opinion is not likely actionable.
In other words, it may be actionable if the other parent tells store patrons that you "abuse the children", but it may not be if she merely says that in her opinion you are not a good parent. It is also important to gauge how you are actually damaged, if at all, by the statements, since ultimately a Court would order her to stop making the defamatory statements and award money damages based upon a showing by you of how it has affected you financially.
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