Ask Me Help Desk - Do I have a lawsuit

Do I have a lawsuit

Yesterday my girlfriend was taken to jail and kids were taken because we were help a friend with somewhere to stay away from the controlling home environment she lived in. My girlfriend left to take me to work yesterday morning and the friend baby sat the kids until she got back. Well her mother showed up before my girl made it home and snatched her daughter from the house closed the door and called the police to tell them that 2 toddlers were home alone then left. When my girl pulled up the police officer was here and he called dhs for kids and took her to jail. Neighbors who tried to tell the officer {name removed} what really happened were told to get out of the yard u have nothing to do with this. Now she is in jail with 25000 dollar bond. I had to pay 1000 to bond her out and I'm paying on the other 1500They would not listen neighbors at all because the girls mother left my kids here alone they were taken and my girl in jail. Neighbors a willing to provide witness statements to everything. I also have text messages from the girl stating her guilt and from her family patronizing us about our kids

What state, and how old is the girl taken by her mother? Why didn't she call either one of you, or even the police, to say what was happening? How long was your girlfriend gone? What has she been charged with, and does she have a lawyer or PD?

Ok, let me get this straight. You allowed a friend to stay at your home (how old is this friend?). This friend's mother came to your home and took your friend (her daughter) away leaving two toddlers alone. The woman then called DHS to report that the children were left alone. Do I have it correct?

Who do you think you have a lawsuit against? Not the police officer. The police officer investigated a complaint found two toddlers home alone and acted properly. It didn't matter what the neighbors said. That is not up to him to judge. That's up to a court.

I'm not sure if have a lawsuit against your friend's mother, but you would have a better chance against her. What I think you should do is swear out a warrant against her for child endangerment. If I understand you, you have the testimony of your friend that she was watching the children and the corroborating testimony of the neighbors that the woman took your friend away leaving the children alone. If you can get a conviction on that, you can then file suit against the woman.

One of the kickers here is the age of your friend. If she is a minor, then your allowing her to stay with you was illegal. And can get you in big trouble.

Another thing I don't understand is the $25K bond. That is awfully high for someone with no record for this type of crime and especially with this situation.

Quote:

Originally Posted by joypulv

... and does she have a lawyer or PD?

A PD is a lawyer.

Quote:

Originally Posted by ScottGem

Ok, let me get this straight. ...

Good job de-cyphering that Scott. I read it several times and wasn't sure what OP was saying. After reading your post, it all fell into place.

She is 18 and my girlfriend asked our daughter were you here alone. She said no she left ma. Anastasci left. The officer disregarded that

Quote:

Originally Posted by joypulv

What state, and how old is the girl taken by her mother? Why didn't she call either one of you, or even the police, to say what was happening? How long was your gf gone? What has she been charged with, and does she have a lawyer or PD?

Mississippi and she is 18. My girl doesn't have a phone and her mother just wanted to be dirty because she thinks we where wrong for assisting her with a place to stay after she left home. She was gone for 2 hours
And she is being charged with child neglect and. Hold endangerment

Quote:

Originally Posted by ScottGem

Ok, let me get this straight. You allowed a friend to stay at your home (how old is this friend?). This friend's mother came to your home and took your friend (her daughter) away leaving two toddlers alone. The woman then called DHS to report that the children were left alone. Do I have it correct?

Who do you think you have a lawsuit against? Not the police officer. The police officer investigated a complaint found two toddlers home alone and acted properly. It didn't matter what the neighbors said. That is not up to him to judge. That's up to a court.

I'm not sure if have a lawsuit against your friend's mother, but you would have a better chance against her. What I think you should do is swear out a warrant against her for child endangerment. If I understand you, you have the testimony of your friend that she was watching the children and the corroborating testimony of the neighbors that the woman took your friend away leaving the children alone. If you can get a conviction on that, you can then file suit against the woman.

One of the kickers here is the age of your friend. If she is a minor, then your allowing her to stay with you was illegal. and can get you in big trouble.

Another thing I don't understand is the $25K bond. That is awfully high for someone with no record for this type of crime and especially with this situation.

She is 18.

Quote:

Originally Posted by mike3489

Mississippi and she is 18. My girl doesn't have a phone and her mother just wanted to be dirty bc she thinks we where wrong for assisting her with a place to stay after she left home. She was gone for 2 hours
And she is being charged with child neglect and. Hold endangerment

and she wasn't working either so this friend had phone. It was off. Her sister disconnected it when she left her home

Quote:

Originally Posted by mike3489

She is 18 and my girlfriend asked our daughter were you here alone. She said no she left ma. Anastasci left. The officer disregarded that

You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.

Quote:

Originally Posted by ScottGem

You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.

I have testimony in text messages which I've already gotten printed out

Quote:

Originally Posted by ScottGem

You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.

No she ask our daughter was she home alone. She said no anastasci left. Anastasci is the friend

Quote:

Originally Posted by mike3489

No she ask our daughter was she home alone. She said no anastasci left. Anastasci is the friend

Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

Who asked your daughter? Your daughter said Anastasci left? To whom?

As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

I'm still wondering why the high bail.

An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter.

Joy has a point. It was Anastasci's responsibility to care for the children. She accepted that responsibility. Therefore, she is the one responsible for endangering the children by leaving them alone. A lot may depend on the level of force used by her mother. On the other hand, the mother's calling the police to report unattended children when she was behind causing them to be unattended, could open her for some level of liability along with Anastasci.

But, I'm not seeing much of a lawsuit here.

Quote:

Originally Posted by ScottGem

Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

Who asked your daughter? Your daughter said Anastasci left? To whom?

As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

I'm still wondering why the high bail.

anastsci the friend won't sign because she doesn't want to be liable for this. We don't even know where she is. Her family has convinced her to not cooperate with us. I have 4 pages of text messages detailing her action though. She even states her name in the text messages. And I just want file a claim for the 2500 it cost to get my girl out and possibly emotional distress for getting my girl arrested and our kids taken by dhs

Quote:

Originally Posted by ScottGem

Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

Who asked your daughter? Your daughter said Anastasci left? To whom?

As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

I'm still wondering why the high bail.

My girlfriend asked my daughter and she stated the answer to the officer.

Quote:

Originally Posted by joypulv

An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter.

I understand what you're saying that's what she did. She is afraid of them. I ha e her cell phone with threatening texts from her( anastasci) sister saying how she was going to whoop her when she caught her. This was clearly a setup

Yes, a set up in a sense. That won't help a lot in court unless you pay a really good lawyer - and I mean for her defense. You need to be worrying about defense first, not suing anybody!

And to AKlawyer, yes, of course a PD is a lawyer. I suppose I should say private lawyer to distinguish.

Quote:

Originally Posted by joypulv

Yes, a set up in a sense. That won't help a lot in court unless you pay a really good lawyer - and I mean for her defense. You need to be worrying about defense first, not suing anybody!

And to AKlawyer, yes, of course a PD is a lawyer. I suppose I should say private lawyer to distinguish.

Dhs decide this case and they are Willing to accept my evidence. Do t I the right to present my alibi to the court and it be investigated

The "friend" is the one you can sue, for leaving children alone, her mother can not "make" her do anything, since she is a adult.

For the DHS, it appears you left children with someone who is not responsible, and will need to work with DHS on this. But you will need a good defense, (not alibi) you will need to prove your provided someone to watch, and prove what happened.

As long as the girl watching was 18, not younger, most of this falls on her, but then if you knew she had any issues, they may also blame you

Quote:

Originally Posted by Fr_Chuck

The "friend" is the one you can sue, for leaving children alone, her mother can not "make" her do anything, since she is a adult.

For the DHS, it appears you left children with someone who is not responisble, and will need to work with DHS on this. But you will need a good defense, (not alibi) you will need to prove your provided someone to watch, and prove what happened.

As long as the girl watching was 18, not younger, most of this falls on her, but then if you knew she had any issues, they may also blame you

Seems like yal are giving me the downside. I have more evidence going for me than against me. Could someone pleas tell me what's good and will work out for me in this case

Quote:

Originally Posted by joypulv

An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter.

that just sounds crazy. How she be resonsible if she agreed to babysit them left without us knowing.

First, if DHS is deciding the case, why were criminal charges filed? Second, what is the status of the criminal case? Has your girlfriend's lawyer talked to the prosecutor about getting the charges dismissed? Third, if you need to recover what you put up for the bail, then Anastsci is your target.

Quote:

Originally Posted by mike3489

that just sounds crazy. How she be resonsible if she agreed to babysit them left without us knowing.

No its not crazy. She was given responsibility for the children and she left them alone. You may be able to get the mother included in a suit, but you need to contact a lawyer about that.

Quote:

Originally Posted by mike3489

Seems like yal are giving me the downside. I have more evidence going for me than against me. Could someone pleas tell me what's good and will work out for me in this case

And I can prove what happened from her text messaged and neighbors witness testimony

Maybe I should not respond to this but, 1. The mother that took her daughter and left the two minors alone is the one responsible for child endangerment. The 18 year old is an adult. She too is responsible. She was 18. She had the responsibility to care for the children while you were gone. The mother obviously is extremely immature and lacks any sense of responsibility for her actions. All I see here are some really bad decisions by a lot of people. The courts will sort it out. Everyone in this situation needs to stop blaming each other for whatever and look at the real problem... lack of maturity and sense of responsibility towards those kids.

Quote:

Originally Posted by ScottGem

First, if DHS is deciding the case, why were criminal charges filed? Second, what is the status of the criminal case? Has your girlfriend's lawyer talked to the prosecutor about getting the charges dismissed? Third, if you need to recover what you put up for the bail, then Anastsci is your target.

No its not crazy. She was given responsibility for the children and she left them alone. You may be able to get the mother included in a suit, but you need to contact a lawyer about that.

If dhs says she is not guilty then how can the state convict her. And dhs can't sentence you to jail so therefore the court has to. They coincide together on a case like this

Quote:

Originally Posted by Handyman2007

Maybe I should not respond to this but, 1. The mother that took her daughter and left the two minors alone is the one responsible for child endangerment. The 18 year old is an adult. She too is responsible. She was 18. She had the responsibility to care for the children while you were gone. The mother obviously is extremely immature and lacks any sense of responsibility for her actions. All I see here are some really bad decisions by a lot of people. The courts will sort it out. Everyone in this situation needs to stop blaming each other for whatever and look at the real problem....lack of maturity and sense of responsibility towards those kids.

Do you're telling me that by us asking this other adult who lives with is to watch the children while we took care of a few errands then dropping off that we were imature and irresponsible. Like no-one ever needs a babysitter.

Quote:

Originally Posted by mike3489

Do you're telling me that by us asking this other adult who lives with is to watch the children while we took care of a few errands then dropping off that we were imature and irresponsible. Like no-one ever needs a babysitter.

You're right. You shouldn't have commented with that ignorant statement. And you probably don't have kids. I can tell you don't understand the purpose of a babysitter

WOW, talk about biting the hands of people trying to help (believe it or not). Helping often means finding the facts as well as pointing out that you should be more interested in a good defense before you start suing. And Handyman means the mother of the babysitter, not your girlfriend!!
The parent was the first one deemed responsible here because the police can't go by neighbors (for all they know, the neighbors were supposed to be watching the kids). The babysitter and her mother can be deemed to be responsible in court, not when the police arrive on the scene, and you don't know yet who is/are going to be held responsible ultimately. A lot will depend on how good your lawyer is and how good you are with facts told to your lawyer. Taking you to work is now doing errands too. Fine with me - not judging that at all! This isn't about any of us. This is about you getting your defense worked out.

While I disagree with handyman's response, your reaction was uncalled for.

I don't know how much you knew about Anastsci. So I can't judge whether it was irresponsible to leave your children in her care. But an 18 yr old should be responsible enough to babysit. That she proved irresponsible, may or may not be the fault of you and your girlfriend. But it is certainly something that DHS and the court will look at.

However, if DHS drops the case and decides you and she were not at fault. Then your girlfriend's lawyer asks the prosecutor to drop the case and that's what probably will happen.

But the focus here is with Anastsci. She was entrusted with caring for the children. That meant she was responsible for leaving them alone. And she is liable for any damages as a result.

Quote:

Originally Posted by Handyman2007

Maybe I should not respond to this but, 1. The mother that took her daughter and left the two minors alone is the one responsible for child endangerment. The 18 year old is an adult. She too is responsible. She was 18. She had the responsibility to care for the children while you were gone. The mother obviously is extremely immature and lacks any sense of responsibility for her actions. All I see here are some really bad decisions by a lot of people. The courts will sort it out. Everyone in this situation needs to stop blaming each other for whatever and look at the real problem....lack of maturity and sense of responsibility towards those kids.

The 18 yr old was entrusted with the care of the children. So she bears the brunt of the responsibility for leaving them alone. Her mother may share in that responsibility if she forced the girl into leaving them alone. The parents would only be responsible, if they knew that the babysitter was not responsible enough to care for the children.

Quote:

Originally Posted by ScottGem

While I disagree with handyman's response, your reaction was uncalled for.

I don't know how much you knew about Anastsci. So I can't judge whether it was irresponsible to leave your children in her care. But an 18 yr old should be responsible enough to babysit. That she proved irresponsible, may or may not be the fault of you and your girlfriend. But it is certainly something that DHS and the court will look at.

However, if DHS drops the case and decides you and she were not at fault. Then your girlfriend's lawyer asks the prosecutor to drop the case and that's what probably will happen.

But the focus here is with Anastsci. She was entrusted with caring for the children. That meant she was responsible for leaving them alone. And she is liable for any damages as a result.

Thank you Scott finally I get some encouragement

Well now the mother is telling authorities that we had her daughter prostituting who h is a lie. Can this be used against solely on their word without any proof.

Nothing can be used in court without proof.
Character assassinations, however, serve to distract you and wear you down.
On the other hand, they can work in your favor if the court begins to realize that they are out of hand.
(One danger is you not knowing what the 18 year old was doing that you don't know about.)

I still wish we knew why she left with her mother.

Quote:

Originally Posted by mike3489

Well now the mother is telling authorities that we had her daughter prostituting who h is a lie. Can this be used against solely on their word without any proof.

This is interesting. What authorities is she telling this to? Did she volunteer to go to the authorities or was she interviewed by the police or DHS as part of the investigation.

This is also a dangerous accusation. If the daughter corroborates the charge, it could cause problems for you. On the other hand, without any corroborating proof, this will work for you by calling this woman's veracity into question.

And I still wish we knew why bail was so high.

Quote:

Originally Posted by joypulv

Nothing can be used in court without proof.
Character assassinations, however, serve to distract you and wear you down.
On the other hand, they can work in your favor if the court begins to realize that they are out of hand.
(One danger is you not knowing what the 18 year old was doing that you don't know about.)

I still wish we knew why she left with her mother.

Well basically she never went any where alone. She with my girl all the time the whole time she was there. They were always over to her grandmother's in which multiple people can verify

Quote:

Originally Posted by ScottGem

This is interesting. What authorities is she telling this to? Did she volunteer to go to the authorities or was she interviewed by the police or DHS as part of the investigation.

This is also a dangerous accusation. If the daughter corroborates the charge, it could cause problems for you. On the other hand, without any corroborating proof, this will work for you by calling this woman's veracity into question.

And I still wish we knew why bail was so high.

They volunteered and called dhs on their own. No one interviewed them. There also texts that I have where she states my girl is a who're and she prostitutes and she doesn't do that her ex gives her money

Just my humble opinion but what I see here are a bunch of immature, almost adults that nothing better to do than create drama in their lives instead of looking at the simple problem that children are not being brought up in a decent environment. You all need to stop throwing daggers at each other and just think about the kids. Calling each other names only gives the court more reason to consider custody jurisdiction to the State and away from ALL of you.

Quote:

Originally Posted by Handyman2007

Just my humble opinion but what I see here are a bunch of immature, almost adults that nothing better to do than create drama in their lives instead of looking at the simple problem that children are not being brought up in a decent environment. You all need to stop throwing daggers at each other and just think about the kids. Calling each other names only gives the court more reason to consider custody jurisdiction to the State and away from ALL of you.

Listen handyman to only way to get my kids back is to pro r my girl didn't leave them home alone. Without proof of that we ha e no fight. So therefore I did what I had to do to get her to admit to it in text messages. Now what do u suggest. Tell me how to get them back without stating and show the truth and no lies to these authorities

This is the text she sent me contradicting her current accusation that we had her prostituting.
Please I don't do to get with her that text me and said she want me bk I didn't want her and I don't need to do for no money I get money without ing Im not Franchesca and musty nigga I stay clean d