False Accusations Consequences

Summary

The user, Michelle, is being falsely accused of having domestic violence charges against her in a custody case in Kentucky. These false accusations are being made by the opposing attorney in her husbands custody case. The attorney has also hired a private investigator who has taken photos of Michelle and her children on their private property without their consent. Michelle is considering taking legal action for defamation and invasion of privacy. She is also planning to file a motion to correct the record in court to address the false information about her in the court documents. Her husband is currently on probation and they live at separate addresses, which is another point of contention in the custody case.

Full Conversation

discrimination
What type of discrimination are you facing and where is it happening, ****?
I’m being brought into a case I have nothing to do with and opposing attorney is accusing me of having domestic violence charges on me which I have a clean background… Kentucky
Have you obtained a copy of your criminal record to confirm it's clean? In Kentucky, false accusations can be considered defamation.
Husbands attorney has
What specific actions has your husband's attorney taken based on these false accusations?

General Information:
- In Kentucky, defamation is a serious matter.
- You can contact the Kentucky Court of Justice for further assistance: (*) *-*.
Nothing because she does not represent me! But she made sure to check my background so it wouldn’t affect my husbands custody case if there was anything worrisome
What actions has the opposing attorney taken based on these accusations? In Kentucky, defamation can lead to legal consequences. You may consider seeking legal advice.
I’m sure they have pulled my background and they have hired a PI but I’m sure that is more for husbands side
What evidence do you have that the opposing attorney has made these false accusations?

General Information:
- Defamation requires proof of false statements being made.
- Contact Kentucky Bar Association for legal advice: (*) *-*.
They are trying to say I’m abusive to take custody away from husband
What proof do they have to support their claim of abuse? In Kentucky, evidence is crucial in custody cases.
Zero proof of abuse!
What steps have you taken so far to address these false accusations?

General Information:
- In Kentucky, you can potentially sue for defamation.
- Contact Kentucky Legal Aid for assistance: (*) *-*.
Just now looking into what I can do
What kind of support or legal advice are you seeking to address these false accusations?
Also can the PI take photos of children not pertaining to this case on non public property?
What is the context in which the PI took photos of the children? Generally, taking photos on private property without consent can be considered invasion of privacy.
Photos of who was taking care of husbands minor child. But minor child was playing outside with my children
What actions have you taken regarding the PI's invasion of privacy?

General Information:
- In Kentucky, invasion of privacy can be a legal issue.
- Contact Kentucky Legal Aid for assistance: (*) *-*.
Was just notified about photos today
What is the nature of these photos and how did you come to know about them?
It’s photos of me and my children with minor child in court case
How did these photos come into the possession of the court?
PI advised he had photo proof of who was caring for child in court case
What actions have been taken in court based on these photos?
Photos of us or anyone else on the property
What is your reaction to these photos and how do you plan to address this in court?
nothing yet
What is your plan moving forward to address these false accusations and the invasion of privacy?
I want to sue them
I want to sue them for defamation and for invasion of privacy
What evidence do you have to support your claims of defamation and invasion of privacy?
Court documents and photo evidence
What specific statements or actions from the opposing attorney or PI do you believe defamed you or invaded your privacy?
Saying I have domestic violence charges on me and PI admitting he has photos of us in our front yard at home
What is the exact location of your residence where the photos were taken?
In Stearns, Kentucky
What steps have you taken so far to gather evidence for your lawsuit?

General Information:
- In Kentucky, defamation and invasion of privacy are serious offenses.
- Contact McCreary County Courthouse in Stearns, Kentucky for further assistance: (*) *-*.
My husband has the court documents sent over from opposing attorney
What specific information do these court documents contain that could support your lawsuit?
They state that I have domestic violence charges against me which in fact I do not
What steps have you taken to correct this misinformation in the court documents?

General Information:
- In Kentucky, you can file a motion to correct the record.
- Contact McCreary County Courthouse: (*) *-*.
We have informed husband’s attorney that it is incorrect
What was the response of your husband's attorney after you informed them about the incorrect information?
She knows it’s wrong because she looked up my background
What actions is your husband's attorney planning to take to correct this misinformation in the court documents?
I am not her client
What actions are you planning to take to correct this misinformation in the court documents?
Filing a motion to correct a record
What is the current status of your motion to correct the record?

General Information:
- In Kentucky, you can file a motion to correct the record at the court where the case is being heard.
- Contact McCreary County Courthouse: (*) *-*.
unfiled
What is the reason for not filing the motion to correct the record yet?
Wasnt sure what to do
What is the name of the court where your husband's custody case is being heard?
Mccreary county circuit court
What is the current status of your husband's custody case at the McCreary County Circuit Court?

General Information:
- McCreary County Circuit Court, Kentucky: (*) *-*.
- You can file a motion to correct the record there.
He has */* custody but the opposing attorney is fighting it with false information
What specific false information is the opposing attorney using to fight the */* custody?
My background and the fact they are saying we live together when we do not
What evidence do you have to prove that you and your husband do not live together?

General Information:
- In Kentucky, evidence of separate residences can be crucial in custody cases.
- Contact McCreary County Circuit Court for further assistance: (*) *-*.
* separate addresses
What proof do you have to confirm these two separate addresses?
mail
What kind of mail do you have that can confirm these two separate addresses?
He is also on probation so he can’t move and I live * minutes away
What is the nature of your husband's probation and how does it affect his living situation?
He can not move till *
What is the reason for your husband's probation and how does it impact the custody case?
Nothing because he got custody after being on probation
What is the nature of your husband's probation?
He was charged for adult abuse on a handicapped individual and could prove his innocence
What evidence was presented to prove his innocence in the adult abuse charge?
forensics
What kind of forensic evidence was used to prove his innocence?
Photo evidence
What is the nature of the photo evidence used in your husband's case?
They did not use photo evidence so he was charged
What was the outcome of your husband's case where he was charged due to lack of photo evidence?
He took a plea deal. Attorney wouldn’t submit photo evidence because the child’s mother made the attorney mad and laughedduring zoom court hearing
What was the plea deal that your husband took and why did the attorney refuse to submit the photo evidence?
because the opposing parent made attorney mad and he refused to help my husband after she gave him a bad review because he wasn’t doing his job
What actions are you planning to take against the attorney for not doing his job properly?
plea deal 5 years probated and being able to go home to his kids
What are the terms of the plea deal your husband accepted?
Shock probation
What does the term "shock probation" entail in your husband's plea deal?
He took a deal for shock probation till * over 10 years in prison
What are the conditions of your husband's shock probation?
Visit po once a month
What are the consequences if your husband fails to visit the probation officer once a month as per the conditions of his shock probation?
serve time out
What is the duration of the sentence your husband would have to serve if he fails to meet the conditions of his shock probation?
5 years
What are the specific terms of your husband's probation, and how might they impact the custody case?
He can not move, he lives with his father. And it won’t affect his custody case because he got */* after being put on probation
What is the opposing attorney's argument against your husband's */* custody, given his probation status?
They haven’t mentioned probation status
What is the opposing attorney's main argument against your husband's */* custody?
That when my husband returned him he had a small bruise, and diaper rash but they didn’t take him to dr till * hours after we dropped him off. We also have pictures of injuries he had when we got him back after they kept him from us for 2 months against court order
What evidence do you have to prove that the injuries occurred while the child was not in your husband's custody?
If they came from my husbands care then why did they wait almost a whole day to take him to doctor if they were concerned about abuse?
What evidence do you have to prove that the child was not in your husband's care when the injuries occurred?
We don’t. We just started taking photos of him when we get him and when we get ready to drop him off. So they can’t say injuries came from us when they in fact dont
What actions have you taken to present these photos as evidence in the custody case?
we also have photos of burn marks on child when he was in his mothers care
What actions have been taken regarding these photos of burn marks on the child?
His attorney has them
What actions has your husband's attorney taken with these photos of burn marks on the child?
She was going to present them but judge sent it to circuit court today for further court dates
What is the next scheduled court date and what is expected to happen at that time?
In October
What is the specific date in October for the next court hearing?
Not sure yet
What is the main issue you want to address in the upcoming court hearing in October?
Parental alienation, continue joint custody without supervision
Parental alienation, continue joint custody without supervision
What evidence do you have to support your claim of parental alienation?
Mother kept child for 2 months until court threatened with contempt
What actions did the court take when the mother kept the child for 2 months against the court order?
motion for contempt was filed
What was the outcome of the motion for contempt that was filed?
Keeps being put off to another court date
What is the reason given for the continuous postponement of the contempt hearing?
sent to circuit court
What is the current status of the case in the circuit court?
Not sure it was just switched today
Was switched to circuit court today
We have to wait till October to see
Waiting for next court date
k
Unresolved
What is the main issue you want to address in the upcoming court hearing in October?
That we think child is better off with his father than mother and grandfather because she has mental illness issues and doesn’t take her meds like she should
Sole custody
permanent sole custody