False accusations about child neglect can be devastating to an individual’s reputation. Here’s everything you need to know about suing someone for false accusations of child neglect.
To sue someone for false accusations about child neglect, you can sue for defamation. If you are continually being accused of child neglect or maltreatment, you must file a complaint under Penal Law § 240.50 to the sheriff. To sue, the original criminal charge must be resolved.
Under California Penal Code § 148.3, individuals that report false incidents of child abuse and maltreatment may be guilty of a third-degree class A misdemeanor.
Suing Someone For False Child Neglect Accusations
You could sue for defamation if false accusations of rape or other sex crimes resulted in your unemployment, loss of community standing, and damages. This civil lawsuit can be labeled as slander and libel. You may be able to receive compensation for damages related to humiliation, embarrassment, and mental anguish.
Slander and Libel
An individual may sue for slander and libel when attacked with a false statement that harms an individual’s reputation. The difference between slander and libel is that slander involves oral or spoken statements made to a third party, while libel is written, visual, or internet-based. Slander and libel are typically committed with the intent of hurting job standing or reputation.
When proving libel, you must establish that the written accusations are false and malicious. You can seek compensation for monetary losses caused by false accusations.
Related: How to Sue for Slander: Defamation Lawsuit
FAQs About Suing Someone for False Accusations About Child Neglect
Can You Sue For False Reports to Child Protective Services?
Yes, you can sue for a false CPS report. Speak to an attorney from Her Lawyer so that they can take a closer look at your case.
Related: Can I Sue for Being Falsely Accused of a Crime?
Is It Illegal to Make False Accusations to Child Protective Services?
Yes, an individual can be penalized for making false accusations to CPS. An individual falsely accused of child neglect/abuse may be able to sue depending on the case.
Related: California Statute of Limitations for Defamation and Slander
How Can I Prove My Innocence When Falsely Accused of Child Neglect/Abuse?
When falsely accused of child neglect or abuse, you can prove your innocence by hiring a lawyer, gathering evidence, and considering legal action. Seek legal counsel when proving your innocence of child neglect/abuse.
Related: How Domestic Violence Affects Child Custody in California
Contact Us
If you or a loved one is seeking to sue for false accusations of child neglect, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Family Law Attorneys today!