Defamation of character?

[lmrossetti]

My boyfriend (John) is the father of two boys. My observation has been their mother (Jane) appears to be vindictive in regards to parental dealings. The most recent event was that Jane, or someone in her close family, accused John of sexual child abuse to his boys. John was confronted at his place of employment by the town police in front af all of his co-workers, DHS was notified and had to come to John's house to "inspect" it, then the boys were interviewed and were asked many questions. There are also appointments set up for psychological counseling for the boys and other follow-up. Coincidentally all of this is two days following a lie that Jane was caught in by John's oldest boy forcing John to show the 9-year-old an e-mail correspondence verifying that John was telling the truth and the mother was lying. There was another similar accusation 3-4 years ago by Jane's sister after Jane was unhappy about a decision that was made involving the price of their house during the divorce. Of course John is a wonderful caring father and nothing has come of either of these accusations.
My questions are: Could it be a criminal offense to repeatedly wrongly accuse someone of child molestation? and, Could this alone be grounds for full custody? These accusations are affecting every part of John's life and wellbeing, not to mention the psyche of his young sons.

 

[Scooterdog]

My questions are: Could it be a criminal offense to repeatedly wrongly accuse someone of child molestation? and, Could this alone be grounds for full custody? These accusations are affecting every part of John's life and wellbeing, not to mention the psyche of his young sons.

Criminal-No. Unless a complaint was signed, then it would be criminal. It is "crime" in the form of a Tort.

Alone it wouldn't constitute gaining full custody, but would be very helpful. Judges get really mad when one parent says something negative around kids. Calling dad a child molester wouldn't look good in any court.

"John" would have to show "emotional distress", and to do that, he will need a profesional. If this can be shown, then "John" would have a case.

Damages must be shown, you simply can not sue someone for saying something negative about you. When it affects your life, then you can, and if her accusations get out in public, well, I think you can see where it's going.

You bf could call the local prosecutor and talk to them about filing a charge for making a false complaint to Family Services. See what they say. At this point, "John" will have to be found free and clear of said accusation before she could be charged.

ON the civil side of it, one could file for a restraining order/injunction to try to get he to shut the heck up.

Start documenting everything, I think it's going to be needed in the future.

 

[lmrossetti]

Criminal-No. Unless a complaint was signed, then it would be criminal. It is "crime" in the form of a Tort.

Alone it wouldn't constitute gaining full custody, but would be very helpful. Judges get really mad when one parent says something negative around kids. Calling dad a child molester wouldn't look good in any court.

"John" would have to show "emotional distress", and to do that, he will need a profesional. If this can be shown, then "John" would have a case.

Damages must be shown, you simply can not sue someone for saying something negative about you. When it affects your life, then you can, and if her accusations get out in public, well, I think you can see where it's going.

You bf could call the local prosecutor and talk to them about filing a charge for making a false complaint to Family Services. See what they say. At this point, "John" will have to be found free and clear of said accusation before she could be charged.

ON the civil side of it, one could file for a restraining order/injunction to try to get he to shut the heck up.

Start documenting everything, I think it's going to be needed in the future.

Good advice.
Thanks, Scooterdog