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johnny smith · Sep 27, 2013, 12:49 PM

I was recently accused of kidnapping an exgirl friends child. She followed me to my apartment complex and called the police stating I had her son in the trunk of my car. I had no idea what was going on. I followed up with the police department the next day. They had not heard from the person. The police sergeant advised me I could possibly file a civil law suit.

tickle · Sep 27, 2013, 12:55 PM

Very serious allegation, kidnapping a child. In fact I think it is a federal offence. So, sorry, more to your story then you are letting on here. Sure the police would be involved but only intemediary until they turned the accusations over to the Feds.

AK lawyer · Sep 27, 2013, 04:22 PM

Was the son actually found in the trunk?

johnny smith · Sep 27, 2013, 05:32 PM

No,the child was never in my car.

AK lawyer · Sep 27, 2013, 05:39 PM

The problem with a civil suit is that you haven't suffered any money damages.

But you say the police "had not heard from the person"? By "the person", you mean your ex? She accused you, but didn't follow up the next day? Is that what you are saying?

Fr_Chuck · Sep 27, 2013, 05:40 PM

But where is the child, Is the child still missing ? If you are a prime suspect they will tell you nothing about what they are doing. If the child is missing, you can be sure, that they are watching you and looking for evidence.

Again, is there a child ? If there is, where is the child now ?

johnny smith · Sep 27, 2013, 11:41 PM

The police said the child was at a friends house.

ScottGem · Sep 28, 2013, 09:31 AM

Ok, so let me understand this. She called the police. They came, found no evidence that you had the child and, in fact, found the child safe at a friend's house. No charges were filed against you and you were not detained for any time?

I don't think you can file a successful suit because you didn't suffer any damages. However, you should be able to file an harassment action and ask that a permanent restraining order be issued against her.

AK lawyer · Sep 28, 2013, 10:29 AM

Johnny, don't ever take legal advice from a cop. The seargent appears to have been wrong.

I note that you asked this question in the criminal law forum, so it occurs to me that you might be thinking about whether she is guilty of a crime. The seargeant may also be mistaken about whether this woman can be charged with a crime. Contact the district attorney to see if criminal charges can be filed.