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.