[NC] Can I sue someone who gave false information that led to me being stopped during a custody exchange?

NC Criminal Law

Legal Eagle

133,377 satisfied customers

View context

Solved

Short answer:
Your remedies depend on proving that the partner knowingly gave false information to law enforcement and that it directly harmed you. While it’s tough to sue someone just for lying to police if it didn’t lead to charges, you may still have options for civil claims like defamation or intentional infliction of emotional distress. You can also file formal complaints with the sheriff’s office, the state trooper’s office, or the State Bureau of Investigation to document and push back against the misuse of law enforcement. (NC Gen Stat § 14-225)

Long answer:
Since you weren’t cited or charged, your strongest claim is not against the trooper but against the person who set this up by relaying false information. The fact that it happened during a custody exchange makes it even more serious, because it can be seen as harassment and potentially parental alienation if it affects how your kids view you.

Civil claims like defamation are tricky here since the lie was filtered through law enforcement rather than spread publicly, but a claim for abuse of process or harassment could be considered. At the same time, filing complaints against the sheriff’s office and trooper documents the incident and strengthens your record if this happens again.

Steps you can take:

Write down a full timeline of the events, including the 911 call, the custody exchange, the stop, and your conversation with the trooper’s supervisor.
Request records from both the sheriff’s office and the state troopers’ office (incident reports, CAD logs, dispatch notes). (NC Gen Stat § 132-1)
File a written complaint with the sheriff’s internal affairs unit and the NC State Highway Patrol, referencing the supervisor’s statement that “something wasn’t correct.”
Consider filing a harassment complaint in district court against your ex’s partner if the false reports continue. North Carolina allows civil no-contact orders when harassment rises to a certain level. (NC Gen Stat § 50C-1)
If the false report damaged your reputation or interferes with custody, raise the issue with your custody judge and provide documentation.
Consult a local attorney about potential civil claims such as abuse of process or intentional infliction of emotional distress.
You can also contact the NC State Bureau of Investigation if you feel there’s a pattern of misuse of police resources.

Court Affidavit Form (Sworn Statement)

Create Document

Full Conversation

What remedies do I have in North Carolina to sue my ex-wife's now partner because he relayed false information to a sheriff's deputy that relayed that information to a state trooper, who waited at the point of a custody exchange to stop me under a pretense that no one would have actual knowledge of, in front of my children?

Lexi, Chatbot

I understand how distressing this situation must be for you, especially involving your children. Can you tell me more about the false information that was relayed to the sheriff's deputy?

The trooper who conducted the stop said the reason for the stop is that he had reason to believe I was operating my car without valid insurance, and that the local sheriff's office provided the description of the car, place it would be at, and time to be there.

Mind you, this knowledge of the exchange was known only to me, my children's mom, and her partner.

Keep in mind, the day prior the partner called 911 to report me as kidnapping his kids, so the local sheriff's office arrived on scene that evening and took the issue down as a custody dispute.

The location of the exchange was determined and agreed upon between myself and the children's mother, whom we both share joint legal and physical custody, after midnight, long past the original report was taken and deputies departed the scene.

Lexi, Chatbot

Have you already taken any legal steps regarding this issue, or is this your first time seeking legal advice on it?

First time.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your false information claim.

Yes.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!

What was the outcome of the traffic stop, and did the officer issue any citations or document the basis for the stop in a report?

No citations were issued. I had valid insurance, license, and registration.

I discussed where the trooper received his information that led to the stop, and it was at that point he advised me that he received it from the sheriff's department.

Legal Eagle

Thanks for sharing that. It's good to know you had everything in order during the stop.

Did this incident have any impact on your custody arrangement or your relationship with your children? Also, have there been any further interactions with law enforcement regarding this matter?

No further contact with law enforcement.

I did call the state trooper office and spoke to the local supervisor, who took it as a verbal complaint. The next day he called to inform me that he did see something there that wasn't correct but couldn't get into details about trooper misconduct and personnel actions.

The only thing is that the view of me being pulled over is enough of a disparagement and harassing function alone.

Legal Eagle

Steps you can take:

Write down a full timeline of the events, including the 911 call, the custody exchange, the stop, and your conversation with the trooper’s supervisor.
Request records from both the sheriff’s office and the state troopers’ office (incident reports, CAD logs, dispatch notes). (NC Gen Stat § 132-1)
File a written complaint with the sheriff’s internal affairs unit and the NC State Highway Patrol, referencing the supervisor’s statement that “something wasn’t correct.”
Consider filing a harassment complaint in district court against your ex’s partner if the false reports continue. North Carolina allows civil no-contact orders when harassment rises to a certain level. (NC Gen Stat § 50C-1)
If the false report damaged your reputation or interferes with custody, raise the issue with your custody judge and provide documentation.
Consult a local attorney about potential civil claims such as abuse of process or intentional infliction of emotional distress.
You can also contact the NC State Bureau of Investigation if you feel there’s a pattern of misuse of police resources.

I've already filed a claim and looked into the NC civil no-contact order. Unless there is more, a one-off event most likely won’t result in one from all I've read.

A formal complaint with both the state trooper office and sheriff’s department has been submitted.

Legal Eagle

I hear you. You’ve already taken the two most important steps by filing the civil claim and submitting formal complaints. You’re right that a one-time incident usually won’t support a civil no-contact order in North Carolina unless it escalates into a pattern of harassment.

At this stage, your best move is to keep building documentation in case it happens again while letting the agencies you’ve complained to finish their review.

Since you’ve already filed the complaints, your focus now shifts to protecting yourself if the conduct continues. If the partner makes another false report, that pattern could give you stronger grounds for a no-contact order. In the meantime, your complaints are on record, which is valuable evidence in any future civil action or custody matter.

Legal Eagle

133,377 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Charlie

Attorney

4.55 (23,758)

[VA] Can I avoid testifying in a domestic violence case after receiving a subpoena and no longer wanting to press charges?

Answered 20 hours ago

Queeneth E. Esq

Commercial Contracts Attorney

4.61 (5,738)

[CA] Can I reopen a 2009 drug case to remove a gang enhancement strike using a Penal Code 1473.7 motion?

Answered 1 day ago

Richard

4.26 (76,546)

[CO] Can I sue someone for knowingly infecting me with an STI, then threatening to evict me while I recover?

Answered 1 day ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.