Expert: Robin Sexton - 5/5/2008

Question
My neighbor file a non-factual complaint with NJ DYFS in retribution because the city of Clifton, NJ, issued three summonsed to him. This complaint was investigated by two detectives from Clifton, NJ, because of the contents and seriousness of their non-factual complaint. This complaint was also investigated by DYFS. Both agencies have found no causes to justify the original complaint and fond me innocent of any crimes.

I wish to press criminal and civil charges against my neighbor. I have filed a harassment complaint with the City of Clifton but they have referred this matter to mediation. The defended never appeared for mediation and I requested that this matter go to trial. For reason that I do not understand, this matter was sent beck to mediation. Any ideas of how I can proceed to force this matter in to criminal court? Do you know of any other criminal charges that I can file? What civil charges can be filed for damages?
THANKS,
Bill  

Answer
Bill,

  I will first discuss the civil aspect.  It is not my field of knowledge.  That was easy, truthfully contacting a civil attorney in your area is the wisest course of action.  However understand unless the subject has something of value a civil action is normally a waste of time and money for you.
    Criminally,  there are various laws depending on jurisdiction that could apply.  The first one that crossed my mind is a false police report also as you mentioned harassment type charges.  However here is the issue.  It is difficult to prove False report in this type of situation because crimes dealing with abuse of kids by their very nature solicit tips, information, etc. from  citizens.  If people were prosecuted for making these calls then the reporting would drop off,  a Catch 22.  The prosecutor would have to prove beyond a reasonable doubt that it was false from the beginning,  almost impossible.
    Your best course of action at this point is to keep a low profile and see if things escalate.  Maintain a log of any recurring harassment that occurs.  If this guy is stupid enough he will escalate and you will have a better chance of getting some sort of charge.  You could also contact one of the detectives that worked on your investigation.  They would be familiar with your local laws and ordinances and should be willing to give you an honest assessment of where you stand.

Sorry i couldn't be more hopeful for you

Good Luck


Robin