Solutions to stop false accusations

[BigOof]

What are the possible solutions to stop false accusations?

[kells76]

At what level? Personal life? or legal arena? or both? or other?

Gut feeling is there are different tactics based on whether it is impacting things legally or not.

I will also say it is perhaps less about "stopping" them and more about "rendering them effectively meaningless".

[BigOof]

Legal. Rendering the meaningless is still a costly process. It also further delays trial.

Each time you render one meaningless, it is still invalidating to pwBPD.

[kells76]

Legal. Rendering the meaningless is still a costly process. It also further delays trial.

Ah, gotcha. So, a trial is looming, yes? Is there a specific date? and, then, if she makes a new accusation (of abuse, whatever), then the trial date gets pushed out so that the accusation can be investigated? Is that the general process?

[GaGrl]

If, as Kelly asks, this is a delay tactic and/or harassment, it may be time to confer with your lawyer about a motion to "cease and desist" pending the scheduled trial.

[kells76]

it may be time to confer with your lawyer about a motion to "cease and desist" pending the scheduled trial.

GaGrl read my mind. Time to be ruthless -- tell your L "do whatever it takes to NEVER move the trial date again. Top priority is speed and 0 delays"

[BigOof]

I can't get a trial date since every accusation goes through lengthy due process.

I doubt a judge would sign a cease and desist order to stop reporting child abuse. Or are you just referring to a letter? What's the good of that? Goes straight in the trash, no?

[GaGrl]

I believe your lawyer can file a motion to stop further allegations that are designed to delay and harass. The allegations have been unsubstantiated, correct? Why not do something to actually get her into a courtroom and explain to a judge why she continues to allege abuse that is unsubstantiated?

[kells76]

If the trial is about custody... and "who is safe to parent the kids"...

Then surely she should WANT to speed it up, right? She should WANT to IMMEDIATELY get before a judge and get the kids "safe"...

Every time she alleges abuse, isn't she just prolonging the time the kids have with you unsupervised?

She's undermining her own point if so. If she's so dang concerned about the kids, she should be RUSHING for a trial ASAP.

I bet your L can find a way to "use her words against her". I don't know exactly what to say but again gut feeling is this can be used against her.

(I hope you hear my sort of sarcasm there... but you get the picture, right? Find something she "says" she's all about, like "the kids' safety", and use that against her. I.e., "the kids will be safer if the trial is tomorrow... so you pick... what do you want... do you want the kids to be safe? Then we go to trial... oh, you don't want to hurry it up? You must not want them to be safe")

[BigOof]

Correct, everything has been unfounded, unestablished, and dismissed.

There's a cognitive distortion that drives the allegations. I doubt a motion from the judge is to cure the cognitive distortion. However, I would like to understand more.

Does anyone know what the motion might be called in the US?

[ForeverDad]

Vexatious Litigant is one term to research, I know it's on the books in California but is, of course, very rare to get, evidently things have to be really, really bad.

Another term that seems to be accepted a little bit more is a Gatekeeping Order.  I believe a member or two here mentioned getting it.  Maybe LivednLearned.  It's where there have been sufficient failed claims that a judge is assigned to preview any future filings first.

As an aside, I had so many failed (always deemed unsubstantiated) child abuse allegations against me that I never did know the full count.  It may not have been as much as a dozen, but how would I know?  CPS, local children's hospital, child's counseling agency, sheriff's office where we made exchanges were multiple ones.  One time CPS called me up to inform me they were closing a case on an allegation against me, I never did find out what that one was.

I had only one report of claimed DV against me, it showed up a couple years after the divorce decree when I was seeking full custody.  It was noted in the decision, first I ever heard of it, but I still got custody.  I think her focusing only on child abuse angle was because she was the one that, upon our separation, was facing a Threat of DV charge.

[GaGrl]

Yes, it was Lived'n'Learned who got a Gatekeeping Order. Her ex was a lawyer who filed so many complaints that the judge required all filings to go through him (judge) first. That shut him down.