Vindictive Neighbor Called The Police And Reported Us To CPS

Newcomers, please post something to let us know who you are and if you have an open case, you can post about it here.

Moderators: family_man, LindaJM

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called The Police And Reported Us To CPS

Postby ourlittlefellas » Tue Oct 14, 2008 10:57 pm

This is my first time on this website and let me say I think it is outstanding!! Ok here is my story. My husband and I have three boys, 9, 7 and 22 months. Our 9 and 7 year olds are autistic and the 7 year old is very severe. Three weeks ago my next door neighbor who we have been very good neighbors with for 7 years decided she was ticked off at us over an issue with her daughter as our babysitter. Nothing to do with our children. Next thing we know she is screaming at my husband that she saw me leave the house with only one of my kids (she did not see the other two and there was no way she could anyhow since she was all the way to the other side of her house). She threatened to call CPS and my husband told her to go ahead and call them. She also told my husband that she and the rest of our neighbors are "watching us" so we better be careful which to me is a direct threat. Plus she admitted she is talking to our neighbors about us. Next day she was outside again and saw my husband move his truck from the front of the house to the back to clean it. When he drove it back to the front she started to accuse him of leaving our children and called the police. The police came and told my husband that they told her there was nothing they could do (I have no doubt that ticked her off even more) and she could report it to CPS if she had a concern. Three days later CPS is knocking on my door. Long story short she not only reported the abandonment charge but to bolster her case she also reported that we do not have booster seats in our car (we don't need them our 7 and 9 year olds are over the weight limit in Washington State) PLUS she told them we have locks on their bedrooms doors which CPS saw we do not. I have no idea where she got that locks idea since she has NEVER been in my upsatirs and apparently she thinks it is her right to snoop around our vehicles. I am still waiting on the report back from CPS. I was ready for their visit since she was such a idiot for telling us she was going to call them, so we knew who filed the report, though CPS will not reveal the name of the caller.

This is not the first time something like this has happened to us (though believe me this is the last time). Two years ago a now ex friend was mad at me over an issue having nothing to do with my kids and the next thing we know CPS is knocking on our door. Only this women was such a coward she had someone else call in the charges! Someone who didn't even know us!! That one really broadsided us cuz we had no idea she would stoop that low and do that to a friend. CPS dropped those charges when they saw they were bogus...but here is the problem I have with CPS. They have been here twice on charges that they know are false and leveled by two vindictive maliciouse women who think it's ok to use our kids as weapons against us. Why does CPS not investigate them??? CPS claims if they think there is maliciouse behaviour on the part of the caller they will investigate it but they don't!!! It's like the perpatrators rights are protected and the victims are not!!! This is an outrage and has caused us not once but twice now a great deal of anxiety and stress. This time I am looking into what we can do legally to stop this neighbor from invading our privacy and trying to take away our rights to parent our children. If anyone has any advice please please please let me know. I am literally at my wits end on this. Thank you so much!

ourlittlefellas

User avatar
katgotsteve
Posts: 219
Joined: Thu Dec 21, 2006 10:47 am
Location: Georgia

Postby katgotsteve » Wed Oct 15, 2008 2:41 am

Take her in front of Judge Judy.

i have seen it alot lately. alot of people are tired of people using cps against them. i am not sure of recording laws, but get her on tape admitting to this and flying off with allegations. get people to write letters about her allegations and file a small claims case against her for slander and emotional distress. even if you dont win, she may think twice.

User avatar
kelz03103
Posts: 145
Joined: Sun Aug 17, 2008 6:10 am
Contact:

hi

Postby kelz03103 » Wed Oct 15, 2008 6:52 am

the entire system is absolutely corrupted. my stoy is all over the boards , and inmany ways is like yours, and in some points of your post i would swear i typed it. read it to my husband. We suffer from the vindictive neighbor syndrome too. You said something about cps not investigating false reporting, even when they know its false and not protecting the victims(meaning you) we as parents are NEVER the victims in their eyes , we're possible dollar signs. Not only should false reporters be checked out, bu it is supposed to be a crime punishable by fines , and all that. never happens, I filed a police report , they did nothing. i may have to take it to a small claims on my own by myself , later , i can't right now , because i am in the middle of our falsely brought on cps case. I DON'T SUGGEST YOU CONTINUE FIGHTING WITH THE NEIGHBOR , UNLESS YOUR GOING TO MOVE. (cap lock oops) unless you go to court, avoid this woman and get a camera to tape her as was suggested , but say NOTHIING in return. every single report unfounded or not comes up later if you ever end up in court, and they may say unfounded, but in my case they brought up the fact that there were TEN calls on me. Do not let anyone in your home again, consult a lawyer and get a free consultation. unless they have a warrant and or a court order, politely refuse .if they press get it on tape, and train your kids if you can to NOT talk to strangers at school, cause they will go there. training our kids to fight like adults is important, and to know they have rights, they dont have to know what those rights are , but that they have them and their parents can speak FOR them. the neighbor hon, is a mandated reporter , and cps wants all the reporters they can get , so nothing will ever be done, why? because nothing says a reporter has to have PROOF, all they have to do is hear an argument In your house or see a mark of any kind on your child, they do not need to witness how the mark got there, all a reporter has to do is have a suspicion, and every "suspicion" is supposed to be reported by law. so right from the first word , reporters are covered. You keep fighting though. You tell THEM how it is goin to be, get copies of the allegations, and save all unfounded reports/ notices.make a folder just for this stuff now. be assertive, but not un-cooperative. good luck to you, let us know how it goes ~kelz~

Momoffor
Moderator
Posts: 1307
Joined: Mon Feb 28, 2005 11:17 pm

Postby Momoffor » Wed Oct 15, 2008 7:37 am

Your neighbor sounds exactly like the one that turned me in. Except she 'knows" what happens in peoples houses because God talks to her and tells her 'things'.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called Police And Reported Us To CPS

Postby ourlittlefellas » Wed Oct 15, 2008 7:58 am

Thanks so much for the info guys! I LOVE the Judge Judy one HAHAHA! I wish. The problem with the video tape is that we would have had to get her on it when it happened those two days. I think she is laying low cuz she probably knows we may do something. But here is the deal, she may never do anything again, or she may. What we need to do is to stop or prevent her from trying again. She needs to get the message that this is not ok. I am not the only one she is watching. About a month before this all happened she complained to me about the gal across the street who has a daycare. She seems to think that the daycare is being run illegally. I have wondered if I should mention something to the gal across the street, give her a headsup that if she gets reported my neighbor is the one who did it. But in light of what we are now going through I probably shouldn't. My other next door neighbor told me last week that the vindictive neighbor approached her and told her that we leave our children home alone. So there is another example of slander and defamation. She said she would be a witness if we needed one. I may take her up on that. I don't know if I mentioned that the cop said we could file antiharrassment, so I go that paperwork but they told me at the courthouse that it ahs to be on going harrassment. Well, what you have to endure like a year of this before you can do anything???!!?? Plus the anti harrassment does not prevent her from calling the cops or CPS. I don't understand that, isn't that part of her harrassing us??? I did talk to two lawyers, one guy who was a real jerk said I could take her to court but it would cost three grand to start out. Another said he would charge a few hundred to knock on her door with a warning that if she does this again we would take her to (usually lawyers will send letters but he likes to pay them a visit). I honestly don't think she will let him in. I need to probably get the CPS report back before I proceed to make sure they closed the case. It just galls me that these two vindictive women can do this stuff and think they have that right. The first time I couldn't do anything since that one didn't threaten or harass defame etc plus she had her friend call it in (and that was two years ago and I am still not over that one!!)but this time I can since this was more out in the open and my neighbor did all the above. She thinks she is the neighborhoold watch queen I guess. She is a gossip and a meddler and she needs to be stopped. Anyother info please let me know I would appreciate it. You guys are the best thank you so much for your replies!

ourlittlefellas

User avatar
katgotsteve
Posts: 219
Joined: Thu Dec 21, 2006 10:47 am
Location: Georgia

Postby katgotsteve » Thu Oct 16, 2008 3:49 am

People that constantly call cps on other people and make a point of doing to multiple people will not stop. i am afraid that if she continues to call eventually you will have a founded case against you. you will forced into "services" and to be honest they may try this right now because of your loss.
i know it maybe petty to file a civil suit against someone, but it maybe your only protection right now. proving defamation is often hard because in some cases you have to prove a loss of income or emotional distress. if she has made comments to people about the daycare owner, she may have a better case if she claims that she lost potential customers because of her allegation. (but she does have to running a legal daycare by state laws in order to fight this) if you file together or with more people she has done this too, then it gets to be a pattern. you dont need video recording often audio is enough, also you dont need any recordings if you have witness statements or letters to back it up. in civil court it is not guilt beyond reasonable doubt, it is preponderance of evidence (which means is it more than likely that it happened). remember that cps uses these same evidence rules too, they dont have to prove it true, just have to have suspicion that it happened. if you win a case, all other cases called in by her discredit her and you can use these wins to your defense in a family court if it comes to this. this also discredits all the past calls found to unfounded and if the lawyer plays it right can get them all thrown out.
i do not feel that this person will stop, i have been there before. my husbands xinlaws called all the time on us when i had my first child, they finally quit calling with the calls ended up getting their own grandchild in trouble and criminal charges filed against him, not us. i tried to tell them when you dont let family handle some issues and you get others involved it bring in a mound of trouble. so my best advice is to protect your ass now so it is covered later... :wink:

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called Police And Reported Us To CPS

Postby ourlittlefellas » Thu Oct 16, 2008 10:06 pm

Thanks katgotsteve for that info! I think she has backed off for now, but then again we have not seen her (well my husband saw her two weeks ago when he was mowing the lawn and she was hanging her halloween decorations out but they did not say anything to eachother). There is no way to video tape or even audio...we missed that chance when she began her tyraid a month ago. BUT, I have been looking into what you suggested on the legal stuff. The defamation you are probably right about, it is tough to take that to court since lawyers don't want to take it on they don't make any money with it I guess. But the fact remains that she threatened my husband when she screamed that she is watching us and that the neighbors are watching us (that is because she is going around to the neighbors I am sure telling them to watch us) and that (and I know this won't hold up in court since CPS is pretty much protected them selves) but she reported not only the abandoment charge that sher already said she was calling in but also the bogus bosster seat charge and the equally bogus locks on the bedroom doors charge. I talked to a lawyer two weeks ago who said he would charge a flat fee to come out and talk to us, get all the info (and I have everything written down, dates and times etc) and then what he suggested is that he actually go to their house (I don't think she will let him in but anyhow) and he basically tells them that he is representing us, and that if she tries anything like this again or anything else we will take her to court. Normally lawyers will actually send them a letter on their letter head with this but this guy says he prefers to actually talk to them face to face. I don't know, I personally want to file those anti harrassment charges, but I cannot do that unless she keeps up the harrassment. I feel that the threat of watching us should be good enough but a judge may not see it that way and will throw out the charge before it goes to court. But it would be great to have them serve her with those papers. Plus if we won it would be on her record for a long time. I iget so many people advising us not to do anything cuz it would just amke her madder and she might do something worse...well how much worse can it be!!!!??!!! I mean she called the police and CPS on us!! I don't want her to go to jail (well, a few days would be nice) and I am not looking for any money out of this...all we want is for her to get the message that what she had done is NOT ok and that it is not her right to invade our privacy, interfere in our lives, think she knows how we should be raising our children AND watching our every move!! It is an outrage that people think they can do this and yeah, they need to be stopped. As I said before this has already happened once to us (no police called on that just the nogus CPS charges and again those were all dropped) but this time we are taking action. Anyhow I have been waiting for the paperwork to come back from CPS. I got the first letter today that the case has been closed since they found nothing. Well yeah...so now it is our turn to begin our little "legal" process against her. Only unlike her we are not "lieing" about anything to bolster our case.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called Police And Reported Us To CPS

Postby ourlittlefellas » Thu Oct 16, 2008 10:07 pm

Thanks katgotsteve for that info! I think she has backed off for now, but then again we have not seen her (well my husband saw her two weeks ago when he was mowing the lawn and she was hanging her halloween decorations out but they did not say anything to eachother). There is no way to video tape or even audio...we missed that chance when she began her tyraid a month ago. BUT, I have been looking into what you suggested on the legal stuff. The defamation you are probably right about, it is tough to take that to court since lawyers don't want to take it on they don't make any money with it I guess. But the fact remains that she threatened my husband when she screamed that she is watching us and that the neighbors are watching us (that is because she is going around to the neighbors I am sure telling them to watch us) and that (and I know this won't hold up in court since CPS is pretty much protected them selves) but she reported not only the abandoment charge that sher already said she was calling in but also the bogus bosster seat charge and the equally bogus locks on the bedroom doors charge. I talked to a lawyer two weeks ago who said he would charge a flat fee to come out and talk to us, get all the info (and I have everything written down, dates and times etc) and then what he suggested is that he actually go to their house (I don't think she will let him in but anyhow) and he basically tells them that he is representing us, and that if she tries anything like this again or anything else we will take her to court. Normally lawyers will actually send them a letter on their letter head with this but this guy says he prefers to actually talk to them face to face. I don't know, I personally want to file those anti harrassment charges, but I cannot do that unless she keeps up the harrassment. I feel that the threat of watching us should be good enough but a judge may not see it that way and will throw out the charge before it goes to court. But it would be great to have them serve her with those papers. Plus if we won it would be on her record for a long time. I iget so many people advising us not to do anything cuz it would just amke her madder and she might do something worse...well how much worse can it be!!!!??!!! I mean she called the police and CPS on us!! I don't want her to go to jail (well, a few days would be nice) and I am not looking for any money out of this...all we want is for her to get the message that what she had done is NOT ok and that it is not her right to invade our privacy, interfere in our lives, think she knows how we should be raising our children AND watching our every move!! It is an outrage that people think they can do this and yeah, they need to be stopped. As I said before this has already happened once to us (no police called on that just the nogus CPS charges and again those were all dropped) but this time we are taking action. Anyhow I have been waiting for the paperwork to come back from CPS. I got the first letter today that the case has been closed since they found nothing. Well yeah...so now it is our turn to begin our little "legal" process against her. Only unlike her we are not "lieing" about anything to bolster our case.

debbiescalese
Posts: 460
Joined: Thu Jun 28, 2007 4:55 am
Location: WV

Postby debbiescalese » Fri Oct 17, 2008 4:29 am

I wen't through this as well from a girl who called on her own brother.... repeatedly never to have an actual case come from it. What I suggest is to carry a recorder on you at all times when she does open her mouth take it out and record. Also when you get confirmation from cps they aren't opening a case call the supervior at your local cps and tell her this neighbor is just doing it to cause you trouble and there is a strong possibility she will do it again tell her she called the police and what the police said about harassment. (if the police made a report about what they saw get a copy) since they have come out twice with out an open case they may not come out again if she calls.
And OHHH yeah I would tell the neighbor with the day care what she did to you and what she said about her. This way that woman can prepair herself.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called Police And Reported Us To CPS

Postby ourlittlefellas » Fri Oct 17, 2008 7:54 am

Thanks for that advice debbiescalese!! I wish my husband had the recorder on him at the time. but I think we missed that boat. But on the CPS supervisor thing it's funny cuz that night after she threatened to call CPS (that was a Saturday night) I came home from work and I called CPS and left a message that our neighbor had threatened to call them, had called the police on my husband for moving his car from the front of the house to the back of the house to vaccuum it out and had made threats etc. I wanted to give them a headsup and so they would know that we were prepared. And they came out Wednesday and said she (well they won't say who called it in but comeon we knew she had already told us she would) had called it in and that was when we found out she also threw in the booster seats and locks on the bedroom doors. I am going to contact the lawyer I spoke to a few weeks ago and see if he is still willing to come out and talk to us and approach her either verbally or with a letter telling her if she does this again we WILL take her to court. On the daycare thing I have been thinking about that. Most likely she won't report the daycare neighbor for anything since she has no proof that anything is going on over there that is not on the up and up...but then again she could report that she has suspicions. I don't know. I am not friendly with the daycare neighbor I have only talked to her once..but when my vindictive neighbor brought this up to me like two months ago I rememeber thinking "are you kidding me? Why are you watching her and her house?" It is just ridiculouse. Also though if the daycare neighbor approaches my vindictive neighbor and asks her about it she may deny it and try to use that against us. I have to be careful at this point since we are trying to take action against her legally in some form, or at least give her a warning that if she does this crap again we will take her to court and sue her.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called The Police And Reported Us To CPS

Postby ourlittlefellas » Fri Oct 17, 2008 12:01 pm

Hey Everyone!

I wanted to update that I got the report back from CPS today and they stated the charges were unfounded. However I also noticed in the very last paragraphof the letter that they keep this on record for six years (after six years state law requres that it be removed). So, here is my question...if they found the charge to be unfounded why do I have a record for six years??!!?? This is ridiculouse!! I mean it's bad enough that they don't investigate the person who filed the lies...but then I have a record of it for six years? Can anyone help me or give me advice on this? Can I fight CPS about this? Any info would be greatly appreciated!!!

ourlittlefellas

yellernboyz
Posts: 107
Joined: Tue Aug 21, 2007 4:11 pm

Postby yellernboyz » Fri Oct 17, 2008 1:04 pm

Unfortunately yheir is nothing you can do in my opinion. I have tried. And the other bad news is in those six years if you come across CPS again, you will look like a habitual offender.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called The Police And Reported Us To CPS

Postby ourlittlefellas » Fri Oct 17, 2008 4:04 pm

Hey yellernboyz thanks for the info. But how can they consider me a haditual offender when both times the charges were dropped?? That doesn't make any sense?? My husband did ask the case worker when she was here to see him (I was at work) if this sort of thing continues (these bogus reports) do we lose our children and she said no. But still yeah I am ticked about this that we have a record for six years when we did NOTHING and CPS determined that we did nothing!!

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Fri Oct 17, 2008 5:59 pm

This is for internal CPS records, not the Child Abuse Central Registry.

Federal and state laws require this.

In most states, 3 complaints automatically change the case over from the Family Assessment Track to the Investigation Track.

This is because of all the times that people reported real abuse and each time CPS found nothing the first time.

It is not based on evidence, but on reports.

MaggieC

Postby MaggieC » Sat Oct 18, 2008 6:46 am

Depending upon your state laws, you may petition to have the record expunged.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called The Police And Reported Us To CPS

Postby ourlittlefellas » Sat Oct 18, 2008 8:49 am

Thanks for that info Maggie! I live in Washington State. I will try to check into that...though I am not sure how. Maybe a lawyer would know how to go about that? I am STILL trying to get a lawyer to call me or email me back. I guess allot of these guys don't want to take on this kind of thing. Not worth the money or their time. I am trying to fight this, but I have a sick sinking feeling I may not be able to and she will have us over a barrel and win all the way around. As I said the antiharrassment was my hope but now I think it would be thrown out of court since she only harrassed those three days and has not since (but we have not seen her, I now park my car to the back of my house...she would have to make an effort to come out into her carport to see me, and she pretty much spies out her front window). We are going to have to move and are putting the hosue up for sale in the spring. Even if I can stop her (and like I said it seems the law is more on her side, the criminal then our side, the victims) it is pretty much impossible to live next door to someone who has done this. We will take a loss since the housing market is so soft...and I have no idea where we will go but we are going to have to get out of here. My fear guys is that no matter where we go, all it akes is someone to get mad at us for whatever and they will do this to us again. Any ideas?

MaggieC

Postby MaggieC » Sat Oct 18, 2008 4:49 pm

Often, the process for having your names cleared from the state registry for child abusers is an administrative one, that is it is done by a letter appeal. If the letter appeal is denied, then a hearing is offered. (this is NY law, please check for WA law).

Generally speaking the time frame is tight. In NY it is 90 days from confirmation by the authorities that your name has been put in the registry.

As to your neigbor, I would probably just move. Some people will never change.

You might want to look into some sort of restraining order if she has come onto your property, etc.

Good luck to you.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Oct 18, 2008 5:08 pm

http://www.childwelfare.gov/systemwide/ ... SearchForm

http://www.childwelfare.gov/systemwide/ ... tryall.pdf




Right of the Reported Person to Review and Challenge Records
Rev. Code § 26.44.125

...in a founded report of child abuse or neglect has the right to seek review and amendment of the finding...


When Records Must Be Expunged
Rev. Code § 26.44.031

The department shall not maintain information related to unfounded referrals in files or reports of child abuse or neglect for longer than 6 years.
At the end of 6 years from receipt of the unfounded report, the information shall be purged unless an additional report has been received in the intervening period.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called The Police And Reported Us To CPS

Postby ourlittlefellas » Sat Oct 18, 2008 5:22 pm

Hey Maggie thanks for the info. I am from New York State (Buffalo) and am kinda surprised you have that option there. NYS tends to be a pretty ridgid state overall. No she won't come onto the property. I mean she is right next door like her house is not even three or maybe four feet away. We live in a small city and the homes are all really close. But I will try that letter. As I said this is not the first time, it is the second time this has happened!! Yes we are going to move just cuz it is hard to live next door now to this women. But here is the problem, both these women (read the first post I wrote) did this not because they were worried about our children or their safety or welfare etc, they did it cuz they were mad at me or the two of us over stuff that had nothing to do with our kids!!! So no matter where we go we are always subject to people like this. That is is what is so galling about this whole thing!! I mean, what do you do?? Never ever talk to anyone or befriend anyone? I mean it's easy to say we are not letting anyone into our house ever again, or don't let them past your living room...but as in the first time it happened, my ex friend didn't do the reporting, she had some friend of hers who has never met us let alone ever been in our house!!! Yes you could say well it doesn't mean anything if they are all false charges... CPS will see that and go away..but I am sorry that is what CPS said both times they came out "well you shouldn't be worried if there is nothing for us to find" HOW IGNORANT!!! It's like they don't see that these viciouse *&$%) did this to be vindictive, they don't seem to care that these women lied even though it is obviouse!! All they say is"well we have to investigate every report we get (well that is a bunch of BS because if that was true then how do all those children killed every year by abusive parents who CPS had reports about die???!!!??? This system is so totally srewed up it makes me ill. That is why I signed up for this website and I am so grateful that Linda created this. I mean this kind of thing needs to go to the Supreme Court. It is a crime that these people get away with this stuff and NO ONE holds them accountable!! EEERRRGGGHH!!!

MaggieC

Postby MaggieC » Sun Oct 19, 2008 4:45 am

I am in NY too. Send me a private message.

Socialworker
Posts: 50
Joined: Fri Jul 25, 2008 2:50 pm

Postby Socialworker » Sun Oct 19, 2008 7:40 pm

katgotsteve wrote:Take her in front of Judge Judy.

i have seen it alot lately. alot of people are tired of people using cps against them. i am not sure of recording laws, but get her on tape admitting to this and flying off with allegations. get people to write letters about her allegations and file a small claims case against her for slander and emotional distress. even if you dont win, she may think twice.


Oh yeah, this exactly! If you can't get to her, try civil court. If you can get her to admit it on tape, or in writing, or even prove that she called out of malice on your own, you can not only get her arrested, but also get a punitive damages.

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neighbor Called The Police And Reported UsTo CPS

Postby ourlittlefellas » Sun Oct 19, 2008 10:53 pm

Hey Marina, I know it is 6 years..but where I get mad is that it is 6 years on a case that the chrages are unfounded!! If they charges are unfounded and CPS has determined that then the case should be closed, then dumped, burned, etc. Why should we have a six year record? And since this is not The first time you can times that by two for us.

But katgotsteve, I can not get her to admit anything in writing, we are not speaking to eachother and frankly I don't even hardly see her unless she is in her front yard which is rare. BUT I do have the other side neighbor who said she would sign an affadavit or do a letter or whatever we wanted stating that the vindictive neighbor approached her and started saying we take off and leave our kids home alone. I didn't know I could sue for punative damages??? May be hard though...but I am willing to take her to court and sue, restrain her whatever to get the message to her that what she did is not ok and that we are not going to stand by and put up with it. So far I did gt a lawyer to agree with all of you that I can take her to court...but it will cost 1000's for us to do that and we don't have that kind of money. Any suggestions? Keep them coming I need all the advice and help I can get. It was one month ago today this all started and I am running out of time.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Mon Oct 20, 2008 6:51 am

How old is the neighbor's daughter who babysat for you?

Is she under 18?

Is she adequately supervised by her mother?

ourlittlefellas
Posts: 26
Joined: Fri Oct 10, 2008 2:05 pm

Vindictive Neigbor called Police And Reported Us To CPS

Postby ourlittlefellas » Mon Oct 20, 2008 7:34 am

Her daughter is 10. Now, I know that by law a child under the age of 12 is not allowed to babysit. But we had worked it out with her Mother that if anything happened her Mother would be there next door to shadow her. And nothing ever did happen until that Saturday night. Normally my husband always got home by 8:00 at the latest, and it was still light out then. But that night he got stuck and didn't get home until 9:45. So by that time it was dark. He had called her Mother at 8:00 to say he was probably going to be late. Then he called again at like 9:00 to say he was on his way and that is when the Mother said that the daughter was over at our house crying. My husband apologized profusely to the Mother. Said he was getting here as fast as he could. When he got home our house was completely dark, she never turned on any lights. Our kids were running around in the dark and the baby (22 months) was totally soaking wet and poopy. She was so wrapped up in her melt down she didn't even do her job!!!! Then my husband feels so bad he double compensates the child, apologizes profusely to her AND the next day goes over to their house and apologizes to the child again and to her father!!! Then this happens! I mean come on, we never said that my husband would always be home by 8:00 (by the way she got paid a minimum of 6.00 even if she was only here for a half an hour.) When you babysit you may have to stay longer...plus this was not a situation that we could control like if we went out to dinner or a party...my husband was on a job!! I was concerned all along that she was too young but her Mother and my husband had worked it out and felt sure she could do this. The bottom line here Marina is that the Mother was irresponsible. At no time when that child was here crying did that Mother ever come over. She let her stay in this house all dark (which was dangrouse) and cry. I have no idea why she didn't come over unless she felt that the child took on a job and she needed to deal with it herself...but it doesn't matter she put that child at risk as well as putting our children at risk. So she is irresponsible and she turns the tables on us and reports us to the authroities that we are irresponsible!!! This is what is so galling about this whole thing!!!

User avatar
katgotsteve
Posts: 219
Joined: Thu Dec 21, 2006 10:47 am
Location: Georgia

Postby katgotsteve » Mon Oct 20, 2008 9:35 am

in civil court, you do not have to prove beyond a reasonable doubt, only preponderance. so basically if you have witnesses that says she does or statements you can prove it.

you do not have to get a lawyer for small claims court, if your suit is below the min. set by your state. so are as high as $5000 and as low as $3000. small claims court is suppose to be setup for the average person to legally get money owed to them without alot of time and expense. i have used it in the past to get an exemployer to pay me for wages and bonuses. it is really a simple process.
this is an avenue you may want to try. if she said it to one person, she said it to another person.


Return to “Newcomers - Welcome to the site - please sign in here”

Who is online

Users browsing this forum: No registered users and 6 guests