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#1 mindenny

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Posted 09 April 2011 - 05:17 PM

I a trying to figure out what my rights are in NJ when someone repeatedly files false allegations of abuse with DYFS against me. My ex is harassing me because i have full custody, child support, and an order preventing him from seeing the kids. I closed a DYFS allegation call just 6 weeks ago, and now another one. Not just your normal, "The kids are starving and dirty" but drug use and crazy off the wall allegations. So much so I think whoever screens these calls should be examined. Do I have any rights against harassment?


#2 Ted_from_Texas

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Posted 10 April 2011 - 12:37 AM

The short answer is yes.  Every state has provisions to limit abuse of the courts for reasons that are trivial or groundless, or intended to advance one's personal agenda.  The rules and procedures vary from one state to another.  I can't speak to New Jersey in particular, but a local family law attorney can.  You should consult one sooner rather than later to find out how to document your ex's violations of your and your child's rights and privacy.  As a minimum, you'll want to keep a journal describing his reports with descriptions and dates, and DYFS responses and dispositions for each "incident."  The law is designed to give a complainant the benefit of the doubt at first, but if your ex keeps it up the system he is abusing will eventually shut him down.


Bear in mind that DYFS has no choice but to respond when a report is filed.  They have neither the competence nor the authority to assume any report is groundless before they investigate.  They are just doing their job, and I dare say they don't like this any better than you do.  Keep cooperating, and they will be on your side when it's time to drag your ex into court.






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