Legal Question in Criminal Law in Texas

One night, after a family argument about my grandmothers will and promises she had made, my mother and I walked refused to take any more and walked out of caring for her full time. That night my aunt and uncle both called and threatened to turn me into Adult protective services, for shouting during the argument.

First off, I was not shouting at grandma, but because grandma would not repeat what I said to my uncle (I said that "if he was going to get all her money and treat us like dirt, he could damn well get down here and earn it") and I wanted him to hear it over the phone. Second, since when is shouting during an argument with someone who is insulting you abuse? Also, I was not anywhere near her, I shouted from the kitchen, through the living room, to the bedroom on the other side where she was on the phone with him.

About a week later I found out that my aunt and uncle really did turn me into APS. I don't know what they said to APS to get them to come out but my grandma�s private nurse called me and happened to mention she had been asked questions by a caseworker.

I want to know if there is some way to find out what I've been accused of and if there is a way to sue my uncle for libel or to prevent his from doing something similar every time his gets pissed. He usually says lots of nasty thing to me when he call demanding I drop everything and dance to his tune but usually it's just because he's drunk and when he sobers up he cools off.

I've cared for my grandmother for years and I have never laid a hand on her in anger. My uncle did this just to hurt my mother and me, because we did not toe his line and inconvenienced his life. My grandmother in 96 and though she has her right mind still her health is failing and now I cannot even go see her for fear of being accused of something. This is especially hard because she lives across the street. Grandma favors my uncle (the boy), so she refuses to believe he wood do something like this and is hurt because my mom and I won�t visit. After all, before this, I spent anywhere from a few hours a day up to days in a row at her house helping to care for her. I just can�t risk visiting though, I am a 22-year-old college student and if I get arrested for something like that it could ruin my life. It's bad enough to have an accusation on record. What if I decide to teach, or adopt a child and when they background search me, it shows I was accused of abuse?

Is there anything I can do?

Asked on 2/07/14, 8:08 pm

1 Answer from Attorneys

James Bayles The Bayles Law Firm

If you were never contacted by aps, and a social worker did not visit your grandmother, then an investigation was not opened. The contact to the nurse would be classified as an inquiry. You can call or go by aps and ask for copies of any file that was opened on you. Chances are they will have nothing. False, totally groundless accusations rarely go beyond a simple inquiry. You should have nothing to worry about. Good luck with college and your future plans.

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Answered on 2/08/14, 3:59 am

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