Legal Question in Family Law in Virginia

Is it Child Abuse??/defamation of Character

While visiting my children in their home, the children got into an argument. Their father went to ''handle'' the situation. I did not follow but heard everything. He asked a few questions and then proceded to spank my oldest more than 5 times (he is 10). He asked another question, my oldest answered the question ,without listening, and his father spanked him again more than 5 times. The entire time my oldest was screaming. Then my oldest said ''daddy i don't want to cry, daddy i don't want to cry'' I then heard foot steps and a door shut and then my oldest screaming again. I then ran to find out what was going on and their dad was spanking him with his pants down. I didn't report it then but i told my mother who told someone else. Then their father got dhs called on him and now he is blaming me for the call and threating to sue me for defamation of character. Can he do that?


Asked on 4/15/02, 7:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is it Child Abuse??/defamation of Character

No. Calls made to child abuse and neglect hotlines

to report child(ren)allegedly being abused and/or neglected cannot provide a basis for a defamation suit by the alleged perpetrator of the abuse and/or neglect against the one(s) who made the report(particularly when there's a factual basis for the report.)

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Answered on 4/15/02, 11:23 pm


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