Sunday, February 7, 2010

DCF/ False Allegations/ Admissable Evidence?

My husband and I have gone thorugh a long drawn out battle. I found out he was cheating on me and about 4 days after we seperated (he stayed with the other girl) I had DCF knocking on my door for allegations of neglect against my then 4 month old daughter. Well I got calls from my husband and his family laughing about how they took my child away from me (DCF placed her in my husbands care for 5 months, even with no proof that any neglect had occured).. Well I had to go through some kind of family intervention program and about halfway through it the real story that they were trying to get back at me came to light even though there was not enough evidence to convict him and his family. I decided to continue going through the program even though I didnt have to because it would help me in the long run with the dicorce/ child custody case. Well now my husband has been instant messaging me on yahoo messenger saying how sorry he is and he actually admitted that his family did it just to spite me. He is in Iraq for the time being because he is in the reserves and will be stationed there until July. My question is, are screenshots of the confession over yahoo messenger enough to be able to prosecute for false allegations. These allegations have torn me apart from my daughter for 5 months and I want justice to be served. I know some people say that screenshots of IM's can be tampered with but since he is in Iraq can they not just trace it back to an Iraq IP address or something? Will this be enough to press charges?DCF/ False Allegations/ Admissable Evidence?
Yes they are proof enough and you can contact yahoo and get official proof of times and dates, you can also get an IP address from him through yahoo that will tell them it was from a military computer and/or Iraq.DCF/ False Allegations/ Admissable Evidence?
I don't know about in civilian courts. Ask a lawyer about that one. I do know that his commanding officer won't be thrilled about it and would probably take action. Did you also know that adultery is a court marshal offense in the military. I know of one that it happened to. The military doesn't need as much proof as a civilian court either.
i don't want to sound rude. i don't know where your from, but i only hear about dcf not doing their job and not removing children from dangerous homes because of not having enough proof so i don't fully believe they took your child away from you without anything besides hear-say. are you leaving anything out?
It should be plenty of proof in a family court matter. but i would turn on the message archive so you have the entire conversations instead of just doing screen shots.
Hard to believe, Natacha, but it happens all of the time. My best friend (a guy) had this happen to him when his ex alleged that he was abusing their toddler. He wasn't allowed to see her for months and had to pay for extensive therapies for the little girl, and himself. In the end they found no evidence of wrongdoing and he was awarded part custody again.





I'm so sorry for what you're going through, and agree you should talk to a lawyer. Keep all of your texts, convos, emails, phone messages, archived. Get a small tape recorder and tape all of your conversations with him and his family when you're on the phone. Your cell carrier should be able to get those texts as well if they're needed for court. FIGHT HARD. good luck.
Screenshots will probably not be considered ';proof'; in a court of law, but that doesn't necessarily mean they could not be accepted into evidence. Find a treatise on evidence at your local law library such as Wigmore. More important than how it is treated in court, perhaps, is whether it will be enough to convince the prosecutor's office to file charges. The only way to find out really is to contact them and try. If the DA's office decides there's enough material there to investigate further, they would then depose the people involved or ask for affidavits or bring them in for questioning or something which would provide an opportunity for the culprits to fess up or attempt to lie. If they lie and don't do it convincingly, or contradict one another with the details of their lies, the DA might go forward with prosecution. I say go for it. Don't make a pest of yourself, but don't give up until you've had a chance to sit down with someone from the DA's office and let them really know how this false accusation (taking your word for that) has had such a negative effect on your life. The goal is to make them feel a true crime has been committed and you are a true victim. You want to make them feel it's worth their time and effort that they could be spending on other crime investigations. By the way, even if they take the case I can't see them spending the resources to track IP addresses for a case like this. That kind of thing is more for ';big'; crimes like money laundering and murder and such.

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