- Jurisdiction
- California
I recently had to obtain a restraining order against my Ex-Fiance for attempted rape and domestic violence on 4/12. He then filed on against me on 4/24. Both cases where heard on 5/15. After both testimonies where heard, the judge instantly denied his request and granted mines. My Ex was also ordered to pay $5,500 in restitution for stolen monies. He was furious and stormed out of the court room.
On 5/19 (4 days after court ruling), I was visited by DCFS on a mandatory welfare check for a call that had just came in at 7:00am. The lady was very nice. She stated the caller made some very serious allegations that included but not limited to: child abuse, drug abuse, rat & roach infestations, dog urine & feces through out my house, no food or utilities on, weapons and vicious guard dogs. The Social worker stated at first she was afraid to come to the door. After I welcomed her in, she was completely puzzled and confused as to the seriousness of the allegations vs the actual status of my home. After I explained to her in detail the legal situation that had just taken place four days prior, she became extremely apologetic as she also stated that because the allegations where so severe, I will be visited by a police officer as well. The DCFS worker stated that she can clearly see that NOTHING that was reported was true, she still had to do a protocol check through my entire house and question each of my 5 children individually. I had absolutely no problem with her requests at all. After she finished questioning all of my children, completing a thorough check of my home, she stated that because a claim of drug abuse was made, I had to go for mandatory drug testing. The officer arrived at my home on 5/20 at 2:am the following morning. Again, I allowed him in, woke up all of my 5 children again to be questioned. The officer specifically stated that "My house was beautiful and well kept" and was curious on why such allegations where made. I explained to him in detail just as I explained to the DCFS worker my current legal situation. The officer stated that he was going to conclude his report as " Allegations Not Justified", and notified me that a copy of his report will be forwarded to DCFS and the courts.
My question is: I know for a fact is was him. I know for a fact that the DCFS call was done out of retaliation for loosing his case. Can I press charges for (1) Violating the restraining order for CONTINUED HARASSMENT (2) PURPOSELY FILING A FALSE DCFS report?
On 5/19 (4 days after court ruling), I was visited by DCFS on a mandatory welfare check for a call that had just came in at 7:00am. The lady was very nice. She stated the caller made some very serious allegations that included but not limited to: child abuse, drug abuse, rat & roach infestations, dog urine & feces through out my house, no food or utilities on, weapons and vicious guard dogs. The Social worker stated at first she was afraid to come to the door. After I welcomed her in, she was completely puzzled and confused as to the seriousness of the allegations vs the actual status of my home. After I explained to her in detail the legal situation that had just taken place four days prior, she became extremely apologetic as she also stated that because the allegations where so severe, I will be visited by a police officer as well. The DCFS worker stated that she can clearly see that NOTHING that was reported was true, she still had to do a protocol check through my entire house and question each of my 5 children individually. I had absolutely no problem with her requests at all. After she finished questioning all of my children, completing a thorough check of my home, she stated that because a claim of drug abuse was made, I had to go for mandatory drug testing. The officer arrived at my home on 5/20 at 2:am the following morning. Again, I allowed him in, woke up all of my 5 children again to be questioned. The officer specifically stated that "My house was beautiful and well kept" and was curious on why such allegations where made. I explained to him in detail just as I explained to the DCFS worker my current legal situation. The officer stated that he was going to conclude his report as " Allegations Not Justified", and notified me that a copy of his report will be forwarded to DCFS and the courts.
My question is: I know for a fact is was him. I know for a fact that the DCFS call was done out of retaliation for loosing his case. Can I press charges for (1) Violating the restraining order for CONTINUED HARASSMENT (2) PURPOSELY FILING A FALSE DCFS report?