Legal Question in Criminal Law in New York
Can I have someone arrested for filing a false CPS report? Can CPS tell me who called in? Do they keep numbers of who calls in?
Someone (I know who) called child protective services on me and my husband. Said my husband sexually abused the kids. The case worker came out and closed the case not even two days later. It was an anonymous call. The officer I spoke to said it’s a crime and I can press charges. He said CPS can look up the number called from to verify who made the call. We live in NY if that makes a difference. Can I have the person arrested? What do I need to do to do so?
1 Answer from Attorneys
If the call to CPS was made anonymously, it would be difficult to prove who made the call in criminal court, beyond a reasonable doubt. It would also be difficult to prove beyond a reasonable doubt that you did not abuse your kids. As horrific as this was, good thing the case was closed within 2 days.
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