Harrasment / Defamation

[maxxcorp]

State of Maryland -

I had Child Protective Services show up at my house yesterday. The father of my grand daughter filed a complaint that my wife got a DUI with the baby in the car, that we are growing marijuana in the house, that my wife beats the baby and other things.

All of these "allegations" are untrue and can be proved. As a matter of fact, the CPS person showed up with a police officer which, after reading the complaint, I offered to allow the police officer to search my home.

Although he is 21, this young man acts like he is still in Junior High School and pulls childish pranks like this like this on a regular basis. I have had the police show up at the house about a year ago, again, because he said we were growing marijuana in the house and I again invited the police to search my home and my grounds.

I have had to call the police on several occassion due to his threatening and harrassing behavior. This last action takes the cake and I would like to know how can I get it to stop? Can I sue him, or take him to court to have him fined or do some time in jail for his last action?

I think we have to wait until the CPS completes their investigation and it comes out that the allegations are false before I can move forward. Is this also true? Does this situation warrant a restraining order?

Is this something that can be covered by pre-paid legal services?


Thanks in advance for your help.

James

 

[I AM ALWAYS LIABLE]

My response:

I would be willing to bet my license to practice law that Maryland has a similar, if not the same law, to protect people from false reports to CPS. Although I was unable to locate Maryland law in this type of a situation, it would be difficult for me to believe that Maryland would not have protections in place, similar to the following California law :

Filing false report of child abuse (Ca Penal § 11172(a) preemption): The Child Abuse and Neglect Reporting Act (Ca Penal § 11164 et seq.) requires physicians, psychotherapists and other specified child care personnel to report known or suspected child abuse to local police and juvenile authorities, and grants these "mandatory reporters" absolute immunity from liability for making such reports.

But the Act also provides that other persons who are not statutorily obligated to report suspected child abuse and who make a report of child abuse known to be false or with reckless disregard of the truth or falsity thereof are "liable for any damages caused" (Ca Penal § 11172(a) (emphasis added)).

You may also be entitled to sue this young man in Small Claims court, and most likely, obtain punitive damages in addition to statutory defamation damages. A judgment against him should shut him up. And yes, wait for all investigations to be completed, and use those reports as evidence against him. He's got to be made aware that what he's doing is wrong and intrusive upon the rights of law abiding citizens; that this is serious business what he's doing, and not "fun and games". It's up to you to impress upon him that he's playing with dynamite.

Check with your local Child Protective Services to see your States' actual laws and protections are from such a heinous act.

Good luck to you.

IAAL