Falsely accused. Need advice.

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llwebb45 Asked January 2016

Falsely accused. Need advice.

Falsely Accused of Elder abuse and have had 4 cases with APS opened and close with no wrong doing found. Cops always showing up at my door doing welfare checks because my husbands sisters calling from different state. dealing with this for eight years and getting real tired. Thinking of filing law suite. Money is the center of sisters life and that seems to be what will get the point across. But don't know how to go about it.

Elder Abuse

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score 0 · Answer 1

I'm also interested in this question/case. HOWEVER!.... Isn't it true that the people/person who reported the alleged abuse is CONFIDENTIAL and, therefore, how could you sue for ANYTHING if that's the case and you can't "face your accuser"? I'd be VERY interested to get an answer to that one! Thanks!

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score 2 · Answer 2

Webb, police charges themselves should put some fear into the relatives who are harassing you. It wastes their time when someone files a frivolous charge, repeatedly. And given that this is an ongoing situation, there may be element of intent to harass that could be added, since they've shown they'll continue to do it.

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score 2 · Answer 3

You can not do anything when the case is still open with APS but once case has been closed with your name cleared then charges can be filed. Also went to police station yesterday and they themselves can file charges on the repeating caller for harassment by means of government agency.

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score 0 · Answer 4

APS is obligated to investigate every time, unfortunately, unless it is a total rehash and nothing new has even allegedly happened for them to accuse you of, then they might be bale to refuse to take the call. I s'pose you could bring out the tea and cookies or coffee and cupcakes for them every time they drop by to unfound another case. I did not even know you could do a cease and desist against people who are abusing the system like this, but you certainly have been wise and kept all the documentation that would let you try it. And it sounds like you have already tried the reassurance and openness thing and just been bitten on the hand that reaches out to them. Maybe just send pix of your home and your hubby obviously doing OK without comment periodically?

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score 2 · Answer 5

And yes they live in Oklahoma we are in Arizona. They have no other family here other then my Spouse. They don't even know where our house is. They always go through the police department to do welfare check. They only have our p.o.box. There is also record at police dept where we had meeting between Police APS and ourselves. They can also file harassment charges against his sisters for harassment and abuse of government agency

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score 1 · Answer 6

I have the Aps on my side. It is purely a control issue. Husband and I married late in our life, him at 48 and I at 29. When we married they had been controlling all my husband income due to he can not count and keep up on income and bills. They did not like losing that control. married 25 years now in 2008 move from okla to ariz they through a fit. Since then I have been accused for being abusive verbal, financially, you name it and have been cleared of all. I even have letter written by Spouse Doctor stating no sign of neglect or abuse. 8 years of fighting to clear my name and just wanting peace. If cease and desist letter works I'd be happy. I don't want their money and I did sue and got it I'd give it away cause it sure has not made them happy yet it would teach them a lesson.

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score 3 · Answer 7

What would be the basis for a lawsuit? Libel, slander? Harrassment?

Do some research on the elements for each of these charges; what proof do you have to sustain them?

The calls to APS with false information could be slander; if anything was in writing it could be considered libelous.

What did the APS investigators say on responding? Do you have any written reports from them that you could use to refute the allegations?

Lawsuits can be filed for any reason but whether or not they're sustained is another issue. You can expect to advance a nice fat retainer for any attorney who might take the case and expect to incur filing, service and probably motion fees.

There also exists the possibility that if this SIL is aggressive she'll file a counterclaim and sue YOU for harassment. You should be prepared for that.

I also suggest that you find a litigator who would take this case (and that may be a problem) but first start with a cease and desist notice.

On another level, why is SIL doing this? Does she want to take over care of your husband herself?

If she's in another state, what is the basis for her claims? This could be an element in the suit, i.e., that she has no actual or constructive knowledge of any alleged abuse, even if it did exist. That premise could be the lead-in to the filing of false allegations and harassment.

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