Follow
Share

My husband was accused of abuse. It was unfounded. The investigator determined the claims were bogus from telephone calls, after interviewing the eldery person in question. Does anyone have any experience in requesting action against an unknown accuser?

This question has been closed for answers. Ask a New Question.

11 Answers

Most
Helpful Newest
First Oldest
First
This can be tougher than it seems. There will be a change in who has the burden of proof. When your husband was accused, it worked in his favor. When he becomes the accuser, it will work against him. If the original charges were specific and can be shown to be false, then pursuing it would be okay. The main thing I would be cautious of is the elderly person changing her story. I would approach this cautiously.
Helpful Answer (0)
Report
The person had undiagnosed dementia. Now there could be no testimony from that person. I feel there were others coaching; they left their fingerprints on the situation. Thank you for your insight. There is a higher power they will answer to. God does a much better job of judging than I. (I needed to vent. I apologize.)
Helpful Answer (2)
Report
I understand how you feel, HarpnJack. It is maddening what some people will do. It makes life hard for other people. We don't know the exact circumstance, but you will have to prove that the person was lying. In many circumstances, it can be difficult. You know the circumstances, so will know if you will be able to prove the person was lying. One of the first things that I thought of was if the elder may have told the person something -- old people can make up things sometimes -- or if the person saw something and misunderstood. If this was the case I doubt the person would be charged.
Helpful Answer (0)
Report
I would not want to charge the elder. Those who put her up to it should be ashamed of themselves. It is one of those stupid situations where the caretakers know what's really happening. Others have their heads in the sand.
Helpful Answer (3)
Report
"If the department or its authorized agent has determined after its investigation that a report is false, the department shall, with the consent of the alleged perpetrator, refer the reports to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report" - florida statute. So the investigator SHOULD HAVE referred it to the DA.
Helpful Answer (0)
Report
I'm not totally familiar with Florida law, but typically unfounded abuse reporting is not going to be prosecuted unless there is very clear cut evidence it was done in bad faith. The fear of inhibiting true reporting is too high.
Helpful Answer (3)
Report
BUT if you have that kind of hard evidence...what Pam said.
Helpful Answer (1)
Report
I would not want to charge the elder. Those who put her up to it should be ashamed of themselves. It is one of those stupid situations where the caretakers know what's really happening. Others have their heads in the sand.
Helpful Answer (0)
Report
Florida law also protects the anonymity of elder and child abuse reporters. Let karma deal with it.
Helpful Answer (1)
Report
lsmiami, I am in complete agreement with anonymity. It is difficult to handle when a person is accused, and the person claiming abuse is the supposed victim, and has dementia and takes to social media to make false accusations and slander. I intend to do nothing. The case worker stated it was as he thought, and the case was closed after an interview with the accused abuser. Shame on the people who put the supposed victim up to making the claims. I do not plan on doing anything. I didn't know if the case worker would automatically notify a State authority about a false claim. Apparently he should, but overworked people sometimes have things fall through the cracks.
Helpful Answer (0)
Report
my niece went to prison my mom got her out. shes narcissitic abusise and lived with my 91 yr old mom for three yrs making her life miserable. she filed an abuse case on me telling my mom we are just trying to get a family meeting. really? i live 400 miles away. moms phone is tapped and she is left alone with the abuser herelf when she finally got sentenced, served a couple months out of a 20 yr sentence mom said to paroll officer she can NEVER come here again.. so in prison she files an abuse case on me. then mom caves gets her out again immeadiatly regrets it says shes worse than ever. her phone is tapped she drug her to a sleazy attorney to get POA. family stopped her, then she cohearsed mom to get med poa1 oanother mistake mom made while she cried out loud to me i made a mistake shes not better shes worse. the case worker found out she was a foulmouth liar and dropped the case. now she filed another one1 while she takes moms money and taps her phone leaves her alone to fend for herself and calls herself my mom and says her bank card is hers another felony. meanwhile mom is approached by aps and they want a copy of her will which niece blocks her from sending to me. she takes her mail she takes her money and she doesnt work or d=even help her do laundry I lived with my parent for ten yrs taking good care of them I had alot of money I got no help from anyone. she begged me to stay so she had protection from other fam members and especially this niece felon who was never allowed to come over unless she called. Now she calls it her mom her household and isolates her wont even walk the dog. takes her car keys and physically fights her and raises her bp if she catches mom trying to call me. I WANT HER BACK IN PRISON NOW1 i want to call the aps gal and tell her if she goes public i will send her to jail where she belongs. im not supposed to call the one investigationg me but that i how the last one found out she was straight rom prison! and told me hurry get her out of yr moms house. i am broke now i cant go and i sure cant fight a big old 40 yr old tattoed prison rat by myself. what r my rights? nice is trying to put my mom in a home. shes not got dementia shes trapped making me trapped. th foulest mouthed admitted satanic worshipper in my childhood home IS GOING TO BE THE END OF MY MOTHER.
Helpful Answer (0)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter