If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
The CT Supreme Court found it proper to rule in favor of a father in his malicious prosecution action because of the ample evidence to support a finding that the mother knowingly provided false information to public officers that her daughter told her the father sexually abused her.
The parties’ shared a daughter out of wedlock. The plaintiff, who originally resided in Florida, returned to Connecticut upon receiving a job with Pitney Bowes, Inc. The plaintiff father made several attempts to visit his daughter, to which the defendant refused to allow visitation. The plaintiff brought action seeking joint legal custody. In 2000, the court granted supervised visitation. The defendant did not allow the visitation to occur. Later that year, the plaintiff placed an anonymous call to the Department of Families and Children, making various claims about the defendant, including neglect and substance abuse. Court evaluations revealed the defendant harbored extreme, exaggerated fears about the plaintiff, and was consumed by anger. In 2001, the defendant contacted the police, alleging that the plaintiff had sexually assaulted the daughter. The plaintiff was arrested and charged with sexual assault in the first degree with risk of injury to a child. He was acquitted of sexual assault in the first degree. The plaintiff brought action against the defendant for malicious prosecution in 2004, and was awarded a total of 3,544,500 in damages.
On Appeal, the Supreme Court upheld the ruling, and found that substantial evidence supported the defendant’s malicious intent in her accusations. Specifically, the court found that the defendant had coached the daughter in the statements made to authorities, and lacked any semblance of probable cause to bring such an action. The court found evidence of malice supported by the defendant’s repeated attempt tot prevents the plaintiff from exercising his visitation rights. In this respect, the court found this malicious prosecution of the plaintiff but one of several attempt to keep the plaintiff father from his daughter.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Bhatia v. Debek, 948 A.2d 1009, 2008 Conn. LEXIS 244 (Conn. 2008)
