Legal Question in Civil Litigation in New York
Can I sue my ex for false CPS reports?
My ex and I are constantly in court, he is not allowed to see the children or speak to them (order of protection). He has called CPS on me three times in the past 2 years, I can prove two of them by his admittance and his daughter confirmed the other. The last time he called was the day after I had him arrested for breaking the order of protection. The next thing I know, I have CPS at my door stating that a report was called in stating my house is unsafe, I don't feed my children (including my newborn baby) and that my older children (my ex's children) are sleeping surrounded by feces & its all over the home! These were the EXACT statements that were reported in the last report. Mind you, my ex nor anyone he knows has EVER stepped foot into the two homes he as reported me on. I spoke with the DA and explained to him that even though these reports are always unfounded, my children and I should not be subjected to continuous harassment by him or CPS. He understood, but said he can't arrest my ex for calling these in because my ex states that someone told him those things, but I explained that nobody my ex knows has ever been in my home so who would tell him that - he's lying! Can I sue him for harassment due to these false reports?
3 Answers from Attorneys
Re: Can I sue my ex for false CPS reports?
No, but perhaps for defamation.
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Re: Can I sue my ex for false CPS reports?
Not in so many words. But I currently have a case involving CPS. The brownies initiated a report that went through a number of people before being reported to them. I am not yet sure exactly who said what.
But the action is for defamation and malicious prosecution agasinst the Girl Scouts and the other people in the chain.
CPS and the State Central Registry have a lot of power; it doesn't take much for an investigator to make a determinastion that a report is indicated. Then they can try to take your children from you. A recent verdict in NY County
for similar facts awarded parents $800,000.00.
If you want to stop your husband, the way to go would be to sue him for defamation and malicious prosecution, but wait until he has reported something that has supposedly originated with him
and actually accuses you of something that could be construed as a crime.
If he originates a false statement of that nature and reports it to CPS in a form meant to be taken as a statement of fact, then you have a good chace of winning.
But then again, frequently such actions are not covered by insurance. If your ex has no assets you will not be able to collect a judgment, and the whole suit will be much ado about nothing.
I just re-read the accusations he has made and it sounds as if you may already be in a position to sue him; the question though is whether he is judgment proof.
You might seek a restraining order to prevent him from making false reports: however, he sounds like the type who will make an anonymous report.
I would be happy to discuss this further with you.
Re: Can I sue my ex for false CPS reports?
Yes. You can sue him in several ways. It is illegal to file a false report to a governmental agency and that is the best claim you can make. Regular libel (I assume he makes these complaints in writing) is also available.
There are several other ways to sue him. Each is called a "cause of action" and a competant attorney will bring a lawsuit that includes all of them.
It is unfortunate that your ex has indulged in this petty harassment and it has clearly caused great anxiety, discomfort, and inconvenience to you.
Your ex has committed a crime, but the DA, as a matter of office policy, is reluctant to interfere in a family matter unless you are at risk for severe bodily harm.
However, a private attorney may be more interested in assisting you.
You are welcome to a consultation for no fee.
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