My husband was award visitation of his daughter in Dec 04.
Mother was held on 7 attempt charges. Now she has to bring
the daughter for visits in Bell County. This will be his
first time seeing his daughter 3yrs old since she was 1 for
an extended amount of time (standard vistition summer)
2 weeks ago the mother called Child Protective services on
us. We cooperated, and our attorney proved that it is
malitious revenge. We have always video taped all visits,
exchanges and returns. Yesterday while home, a peace
officer came to serve a assult by contact summons for his
cousin. The exchange was video taped, so I am not worried
about proving her innonence.
My question is what can we do as far as the mother making
all of these false charges? I looked at the Texas family
code sec 261.107 about false charges. I know the video
tapes will prove these are knowingly false and without
What can we do to stop her?
Our attorney's has been paid in excess of 12k for this case
and I just want to know what our family can do, to see that
she is jailed for all these false allegation without having
to pay the attorney more money? Pls help
I think you're facing a really tough situation, unfortunately. As unfair as it is for you, I don't think it's easy to convince a governmental social service agency not to take every accusation seriously. What if the previous ones were unfounded, but this time, it's REAL?!
The only options I see are 1) live with it; and 2) go after the accuser via a civil lawsuit. That isn't criminal prosecution but rather civil (i.e., monetary damages, rather than jail time). If she has money, it may be worth consulting a civil litigator.
That said, you're facing an element that isn't my area of expertise. You may want to get in touch with Dean Tong at Abuse Excuse
. He also has an excellent book (I personally recommend it), specifically for someone like you and your husband, called Elusive Innocence. There's a link to it on my Resources
As someone who has faced many many false allegations from my ex, I do have much empathy for what you're enduring. None of the allegations against me ever resulted in an investigation, so I don't have the wisdom of experience to offer you any guidance. I've tried to make spiritual sense of it all (for myself and others), and I fall short on that as well. I don't understand why you and your husband (and many others) must face such chaos and injustice, but I do believe that some of us are apparently destined to look evil in the eye and not succumb to it.
The person that you describe is evil and completely unconscious of her actions... I hope that resonates with you, since it opens up a whole new perspective on how you approach the impact she has on your lives, and how you approach her too.
Document it all, and eventually go for a custody change. That's the only long-term strategy to protect the kids as well as you.