Legal Question in Civil Litigation in New Hampshire
Have we been wronged criminaly?
LONG story short.Wife works as a nanny for a divorcing couple(nasty divorce).The woman's new boyfriend,who is also divorcing his wife is quickly turning ugly due to their pre divorce affair(still with me so far?).She(the boyfriends wife) has now accused MY wife of being a drug dealer in order to try to keep her childern away from him i.e ''his new girfriends nanny is a drug dealer and I dont want my childern in that house''.The state calls and asks my wife a bunch of questions(naturally) and its dismissed but now it looks like this may persist through court.What I want to know is........
1) Isnt this unfounded accusation criminal?
2)What protection should we get against this woman?
3)Will this tarnish her record(or at least be on file) as a professional,college graduated childcare professional?
1 Answer from Attorneys
Re: Have we been wronged criminaly?
There is a legal answer and there is a practical answer. Legally, probably your strongest weapon (shield?) would be a civil action against the accuser, alleging slander. However, civil relief of this type is slow, cumbersome, expensive and often unsatisfactory. Practically, it is probably best to address the false accusation quickly and forcefully. Either by herself (or even better through a lawyer) she should explain to the police and every investigating authority how she has become embroiled in this situation. She will not only have to do her best to "prove her innocence" but also explain why she has been falsely accused. Hopefully, with a well-thought explanation on everyone's records, any future review of her character will have the ready-made explanation on file.