Filing false report with DCF

[anaerosmithchic]

A few years ago, in retaliation of being put in jail, my ex filed a false report with DCF. DCF can't tell me who filed the false report but recently my ex has admitted, on a message on my answering machine, that he filed it to get back to me. It's a 3rd degree felony in FL to file a false report, I know that much, but what is the statute of limitations to file a complaint with the cops? He's also in violation of the custody order so I can get him in Civil court, but he subjected our kid to a humiliating exam of his private parts as well as back end, just to get back at me. NOT cool, at all. If anyone knows please let me know. thanks!

 

[Michael Wechsler]

A few years ago, in retaliation of being put in jail, my ex filed a false report with DCF. DCF can't tell me who filed the false report but recently my ex has admitted, on a message on my answering machine, that he filed it to get back to me. It's a 3rd degree felony in FL to file a false report, I know that much, but what is the statute of limitations to file a complaint with the cops? He's also in violation of the custody order so I can get him in Civil court, but he subjected our kid to a humiliating exam of his private parts as well as back end, just to get back at me. NOT cool, at all. If anyone knows please let me know. thanks!

The Statute of Limitations only begins to accrue from the time when the cause of action arose. My understanding is that it can be "tolled" or delayed from running for certain reasons and one would be that you don't know whom to bring the action against. If your ex just admitted that he filed the false report, you should go to the police immediately and you can also sue him in civil court, possibly small claims. You might do best to make sure that a police report is filed ASAP and simultaneously file in small claims court to obtain a judgment against him before a judge for your expenses (and potentially other damages, e.g. humiliation from tort damages for intent to cause emotional distress, etc.)

My thoughts in doing it in this order are as follows. If your ex was actually stupid enough to admit on tape that he filed the false police report, go right to small claims and get a judgment against him for your expenses. A verdict in your favor is a sign and proof, by the court, of your husband's bad acts. It carries much more weight for any prosecutor or other judge to act on your behalf since you created a legal basis for which they can act upon and it's proof by the court, not a question of fact to be determined.

Good luck to you and let us know how things turn out!