[TX] Can I pursue civil and criminal action against my ex for knowingly making false CPS abuse claims?

TX Family Law

Charlie

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Since you’re in Texas, here’s how your situation generally breaks down from both a civil and criminal perspective (general information only, not legal advice).

1.Civil Options

Possible Grounds for a Tort Claim - Yes, based on what you’ve described, you may have grounds for a civil action. Common civil torts that may apply include:

Malicious Prosecution or Abuse of Process – applies when someone intentionally misuses a legal or administrative process (like CPS or court filings) without probable cause and with malice, causing you harm.
Defamation (Libel/Slander) – applies if false statements were made and published (for example, in sworn court filings or reports) that damaged your reputation.
Intentional Infliction of Emotional Distress (IIED) – applies if the conduct was outrageous and caused severe emotional suffering to you or your child.

To pursue a civil claim, you’ll need to show:

The report was knowingly false, it was made maliciously or in bad faith, and It caused you measurable harm (emotional, reputational, or financial). You already having the CPS notice of findings (“ruled out”) and the affidavit are strong starting points. Those documents help demonstrate both falsity and malice.

2. Criminal Possibilities

Yes, there can also be criminal implications under Texas law. Specifically, Texas Penal Code § 37.02 (Perjury) and § 37.08 (False Report to Peace Officer or Agency) may apply.

False Report to a Government Agency – Making a knowingly false CPS report is a Class A misdemeanor (can carry up to 1 year in jail and/or fines up to $4,000).
Aggravated Perjury – If your ex lied under oath in a sworn affidavit, that can rise to a third-degree felony, punishable by 2–10 years in prison.

To pursue this criminally:

Take your documentation — the CPS findings and the sworn affidavit — to your local police department or district attorney’s office. Ask to file a complaint for a false report and perjury. Provide them with all supporting materials, including the dates of the report, the findings, and any messages or statements showing intent or malice. Law enforcement and the DA’s office will determine whether to open a formal criminal investigation.

3. Family Court Implications

Even outside of civil or criminal action, this conduct can strongly influence your ongoing custody case. You (through your lawyer) can:

File a motion to sanction your ex for bad faith or false statements, Ask the court to consider her false allegations in future custody determinations, as it reflects on her credibility and co-parenting fitness, and Request the court to order her to pay your legal fees if the court finds her actions were malicious.

4. What You Should Do Next

Preserve all evidence — every report, affidavit, email, and CPS communication. Consult a family law attorney with experience in both family and tort law — ideally one familiar with malicious CPS report claims. Ask your lawyer about sending a demand letter to your ex before filing civilly. Document your daughter’s emotional distress (through counseling records or professional notes) — this can support both custody and civil claims.

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My ex-spouse knowingly created a false CPS case alleging I was abusing my children and included the same claims in a sworn affidavit in a petition to modify our custody arrangement. I believe I have grounds for a civil tort. Do I also have grounds to pursue this criminally?

Lexi, Chatbot

I'm sorry to hear that you're facing such a serious situation; that can be very distressing. Have you already gathered any evidence or documentation regarding the false claims made against you?

Yes. I have the CPS worker's notice of findings and the affidavit. I have accompanying counter evidence to show these allegations were not made in good faith.

Lexi, Chatbot

Have you already discussed this matter with any legal professional or family lawyer?

Partially.

Lexi, Chatbot

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

Yes. I am in the state of Texas, if that matters.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

DISCLAIMER: This conversation is for: -general informational/educational purposes only; no attorney-client relationship is formed; we are unable to offer representation/legal advice of any kind; always speak to a local attorney for case specific legal advice; and I am not holding myself out to be certified or an expert in any particular area of law. Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.

When did your ex make the false report against you?

Give me a moment to look through my notes. It was within the past 45 days.

Charlie

Sure.

I was incorrect—it was sometime between the 6th of August and 8th of August.

Charlie

Did CPS investigate the claims?

The CPS worker came to my house on the 8th of August.

Charlie

Understood. What was the outcome of the investigation? It was dismissed?

Ruled out on both counts.

Charlie

Understood. What happened with the custody modification? Was it granted?

No. We are in a holding pattern now with temporary orders and awaiting mediation.

Charlie

What are the terms of the temporary orders?

Expanded standard for the child I share with my ex. She has no grounds for it but was attacking my custody arrangement of my other child by claiming I was sexually abusing her.

Charlie

Did you want to pursue criminal charges against your ex?

She is almost 15 years old and clearly articulated (to the CPS worker) none of this has ever happened from what I have gathered. I left the room when the CPS worker interviewed her.

Absolutely. This needs to stop.

Charlie

Understood.

Charlie

I think I have all the information I need, but is there anything else you’d like to add before I get started on your answer? If not, I’ll start working on a response for you right away.

It is causing my daughter and me emotional distress.

Charlie

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

My ex, by her own admission to me and a past couples counselor, has a history of mental health issues and violent tendencies. This, to me, is an extension of these behavioral disruptions. She was treated in inpatient facilities before the age of 17 and was in rehab for cocaine abuse at the approximate age of 21.

Charlie

I’m really sorry you and your daughter are going through this — false abuse allegations can be incredibly damaging both emotionally and legally.

Charlie

Since you’re in Texas, here’s how your situation generally breaks down from both a civil and criminal perspective (general information only, not legal advice).

1.Civil Options

Possible Grounds for a Tort Claim - Yes, based on what you’ve described, you may have grounds for a civil action. Common civil torts that may apply include:

Malicious Prosecution or Abuse of Process – applies when someone intentionally misuses a legal or administrative process (like CPS or court filings) without probable cause and with malice, causing you harm.
Defamation (Libel/Slander) – applies if false statements were made and published (for example, in sworn court filings or reports) that damaged your reputation.
Intentional Infliction of Emotional Distress (IIED) – applies if the conduct was outrageous and caused severe emotional suffering to you or your child.

To pursue a civil claim, you’ll need to show:

2. Criminal Possibilities

Yes, there can also be criminal implications under Texas law. Specifically, Texas Penal Code § 37.02 (Perjury) and § 37.08 (False Report to Peace Officer or Agency) may apply.

False Report to a Government Agency – Making a knowingly false CPS report is a Class A misdemeanor (can carry up to 1 year in jail and/or fines up to $4,000).
Aggravated Perjury – If your ex lied under oath in a sworn affidavit, that can rise to a third-degree felony, punishable by 2–10 years in prison.

To pursue this criminally:

3. Family Court Implications

Even outside of civil or criminal action, this conduct can strongly influence your ongoing custody case. You (through your lawyer) can:

File a motion to sanction your ex for bad faith or false statements, Ask the court to consider her false allegations in future custody determinations, as it reflects on her credibility and co-parenting fitness, and Request the court to order her to pay your legal fees if the court finds her actions were malicious.

4. What You Should Do Next

The penal code seems clear-cut to me, and if any testimony is sought from my daughter, it will clearly show these events never took place.

Criminally speaking, what are considered aggravating factors in matters like this?

Simply by lying under oath or in a sworn affidavit, or are there additional aggravating factors to consider?

Charlie

Aggravating factors here include: The lie was material (it could affect the outcome of your custody case). There was premeditation or planning (not an impulsive lie, but part of a strategy). The perjury caused serious harm — emotional trauma to your child, reputational or financial loss to you. The false statement was repeated or coordinated with other documents or witnesses. Public or official harm – e.g., wasting government resources through a false CPS investigation.

Understood. Regarding Texas Penal Code § 37.08, does a CPS worker qualify as a peace officer or agency?

Charlie

They are an agency, yes.

So by definition, this seems to be a by-the-letter breach of this statute.

Charlie

Perfect. Yes.

Thanks, sir.

Charlie

Very good. You are welcome.

Charlie

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