Southern California Family Law Blog

It is not uncommon in child custody cases for one parent to make false accusations of child abuse against the other. In the heat of the moment, this can seem like a possible way to gain an upper hand. Fortunately, there are ways that you can fight back against false accusations of child abuse.

Understanding Child Abuse Charges (PC 273)

The first step is to understand the accusations against you. Child abuse is a crime under California Penal Code Section 273. Under this law, you could be convicted of the crime of child endangerment if you cause or permit a child to suffer unjustifiable physical or mental pain, cause or permit a child in your care to be injured, or cause or permit a child to be placed in a dangerous situation.

Within the context of a child custody case, a conviction for child endangerment can mean losing physical and legal custody of your child in addition to potential criminal punishment. A misdemeanor child endangerment conviction is punishable by up to six months in county jail, while a felony conviction is punishable by two, four or six years in state prison.

Even without a conviction, allegations of child abuse can lead to restraining or protective orders against you, and this could impact your custody case. This is why it is imperative that you speak to an attorney skilled in defending those accused of child abuse.

Fighting Child Endangerment Charges

If a protective or restraining order is granted against you, abide by its terms not matter how unfair they may seem. This is not the time to show anger or ill will toward the other parent because it could affect your custody case. You need to speak to an experienced attorney right away.

Your attorney can help you collect information about the claims being made against you. This includes dates on which the abuse is alleged, and any information pertaining to your whereabouts on those dates. Often, disproving an abuse claim can be as simple as showing that there was no way the abuse could have taken place because you physically weren’t there. This can be done by showing receipts, text messages, or witness testimony that proves you could not have been present to commit child endangerment at the alleged time.

Your attorney may also be able to show that any injuries the child sustained are unrelated to claims of child abuse or that the injuries were caused due to an accident.

Contact a Wallin & Klarich Family Law Attorney Today

If you or a loved one is being accused of child abuse, it is critical that you speak to an experienced attorney right away. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending persons falsely accused of child abuse.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich attorney available near you no matter where you work or live.

Call us at (888) 749-7428 for a free telephone consultation. We will be there when you call.

Gaining Custody for Fathers is Still an Uphill Battle

While social movements have been successful in removing many of the gender-based stereotypes that used to factor into child custody decisions, there still exists is a large disparity between the percentages of mothers who are awarded child custody compared to fathers who are granted custody. While California courts no longer operate with a presumption… Continue Reading.......

Why You Should Resist the Urge to Move Out During a Divorce

If you are going through a divorce, you will often find yourself wishing that time would move faster. The legal process can be lengthy, and the hurt that you experience can leave you with the urge to quickly leave the marital house so that you can avoid awkward moments with your soon-to-be ex-spouse. In many situations, though, this urge should be ignored. Mov… Continue Reading.......

Do Family Law Courts Favor Women in Child Custody Cases?

One of the most hotly contested issues in family law is child custody. When the court is faced with a child custody issue, its main focus is the well-being of the child. But does the “best interest of the child” mean that the child should spend more time with his or her mother?

Child Custody More Often Awarded to Women

There is a general belief that family law c… Continue Reading.......

5 Tips to Sell Your House During a Divorce in California

Going through the stress of a divorce can be incredibly difficult. This can be made more difficult if you and your spouse decide to sell your house and divide the equity. Following these five tips can make selling your home during your divorce an easier process for you and your spouse. Keep in mind, though, that these are issues that will require consulting or h… Continue Reading.......

Dos and Don’ts for Dads during Divorce

Going through a divorce changes your life in significant ways. This is especially true if you are a parent. Fathers often find this process particularly hard, since their role tends to change more dramatically. Challenges to a father’s role in their child’s life can cause them to act in ways that are both out of the norm, and detrimental to the divorce and… Continue Reading.......

Problems with Child Visitation after Divorce

Nothing about a divorce is easy. If you’ve ever been through the dissolution of a marriage, then you know just how difficult it can be. Tempers flare, emotions run high, and all the while the stresses of your day-to-day life continue. Even when your divorce is finalized, you have to move on to the task of creating a new life and letting go of the one you had befor… Continue Reading.......