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Child Abuse Laws

Child abuse is a very serious crime in society. It is a term used by legal forces for the mistreatment or harm that is inflicted upon children by their parents, legal guardians or any other person that is considered a sound minded adult. There are different kinds of child abuse; that often includes any physical, emotional, or sexual harm that the children endure. Child abuse happens more times than not, and is very serious. If you suspect someone is committing child abuse, and you need steps on how to report this crime, contact the Experts for thousands of reliable answers pertaining to child abuse.

If a person is charged with child abuse at one point, but the charges were dropped, is there any way to remove the charge from their record?

Depending on what state this person is in and since the charges were dismissed, they should be able to petition the court for an expungement, which is a type of lawsuit in which a first time offender requests that the charges be sealed so they would be unavailable through the state or Federal repositories. The person would have to get a form from the court in the county they were charged in, fill it out and wait for a hearing to be held that would decide if the charges should be sealed.

Is there any sort of proof that can be given to show that a child was sexually abused if Child Protective Services decide that the report was “unfounded”?

Once Child Protective Services (CPS) has made a decision, a person cannot do much to change the decision of CPS. One can report the case to the police, although CPS is supposed to inform them once the case is brought to them. The enforcement of the law is not affected or bound by the decision that Child Protective Services comes up with. As for the evidence that can be provided, there are no medical tests that can prove that any sort of sexual abuse took place. Even a test for sexual penetration would most likely wield fruitless efforts since 95% of tests have normal results.

How does one stop false accusations of child abuse?

The only way that a person can stop these kinds of accusations is if the person proves that the claims against them were falsely made. One can then file a complaint with the District Attorney for filing false Child Protective Services accusations. Other than this and counseling for whichever adult or child may need it, there is not much else that can be done in this situation.

What are some things one can do if one is accused of child abuse in a certain document in court?

What a person can do depends on the particular situation and if the case is a criminal one or not. If it is a criminal case, one may want to think about hiring a criminal defense attorney to help with the charges that have been held against the person. The person would also be advised to refrain from providing any sort of information that may have to do with the allegations unless they are speaking with their attorney. If it is some sort of civil action that the court confronts a person with, then that person would only need to be prepared with their side of the story and the facts that support their story. If it is a sort of civil action, then an attorney may also be wanted and needed for that type of situation, but a criminal defense attorney would not be advisably required.

If a parent was accused with child abuse, what are some things they can do to get their children back if the accusations were a misunderstanding?

There is not much one can do to get their children back other than prove to the court that the accusations were a misunderstanding. The person would need to provide evidence that they are innocent. If the court accepts the person’s story, they may advise some sort of counseling, such as anger management if it is needed. It also may be advisable to find a local attorney to represent the person because they will know the judges and how they decide on certain types of cases. An attorney will also be helpful in deciding how to present a person’s case and try to avoid convictions.

When a person wishes to clear their name after being involved with any kind of child abuse charges, they will find that it is not a very easy thing to do. The law takes child abuse extremely seriously, and even if a person is not guilty of charges that have been held against them, there is not much they can do to clear their name. It is very important for the law to prevent any sort of child abuse if it can be prevented at all costs. The best thing that one can do is prove their innocence. There are many questions when people find themselves dealing with child abuse. When questions about child abuse come up, it is best to ask the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2452
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Child Abuse Questions

  • Hello. I'm a 17 year old student with a certification in CPR

    Hello. I'm a 17 year old student with a certification in CPR provided by the American Heart Association, making me, under Louisiana law, a mandated reporter of Child Abuse/Neglect.
    For many years, my little brother, currently 7 years of age has thrown violent tantrums in which he often attempts to hit my elderly Great-Grandmother and/or my grandfather. When this happens, I'm usually called by our caregivers to intervene. I've done this mostly through the use of physical means such as spanking, restriction to monitored time-out zones, and picking him up until he either calms done or I've taken him to a time-out zone. This is usually done with the explicit permission of our caregivers and I have never left my brother with significant or permanent injuries.
    As my grandfather is easily angered and will begin verbally abusing or fighting others, regardless of who sees him, with little provocation, I often intervened to prevent injury to my grandmother or my brother. This created constant states of conflict in my family that seem to have negative effects of the mental state of my brother. As more fights broke out between him and my grandmother my brother became increasingly violent. When I realized this and urged our guardians to stop fighting around my brother, my grandfather attacked me and threatened to beat and evict me if I reported them for abuse/neglect.
    Now, my grandfather is gravely ill. He has had fits of disorientation and vivid hallucination when his oxygen level dropped due to illness of his lungs. Although these fits have stopped thanks to increased time spent using Concentrated Oxygen, both of my grandparents have become increasingly incapable of providing necessary care to my brother. He has recently begun leaving the house alone without permission nor supervision. Formerly, I hesitated to to do anything out of fear of my grandparents' retribution. However, I now greatly fear my brother's safety and well-being.
    The level of neglect towards my brother became apparent to me when, while bathing my little brother, he avoided cleaning under his foreskin. I discovered that the head of his penis appeared to be badly infected. When I confronted our caregivers about this, I was told that they were already aware of this and had received a prescription for the infection but had neglected to administer it for an unspecified period of time. The reason given for this was that, in my grandmother's words, "[My brother] wouldn't let [them] apply it."
    Due to confronting them about this as well as because of the sentiments I voiced at the age of ~13 about by brother and grandfather moving in with me and my grandmother, she believes that I desire to remove my brother from our household to spite her and my grandfather. So, she first threatened to kick me out of the house if I reported them.Yet, as I am a certified medical practitioner, I'm legally obligated by Louisiana state law to report child neglect.
    However, I'm not sure what to do, as she said that she would take him to the pediatrician that prescribed the ointment and seek his advice. However, after this was said, we broke out into argument about whether my brother should be moved to stay with more able-bodied relatives while our grandfather recovers. Presumably angry a me, she demanded that I give her a copy of my CPR and AED Certification Card to present to this pediatrician so that he can report me not reporting this neglect sooner. While it's true that I had bathed my brother before, I had never seen the head of his penis before.
    Additionally, my grandmother told me that, if I reported the neglect that she would report me for my possession of a small amount of marijuana and paraphernalia. I'm terrified over this entire ordeal and have no idea what to do.
    What course of action do you recommend that I take?
  • Hi there, As I'm applying for citizenship I want to make sure

    Hi there,
    As I'm applying for citizenship I want to make sure I'm responding accurately to 2 questions. Would you please, let me know if my answer should be yes or no?
    I had a case in 2006 of child abuse/no inj/Know, Reckls and the disposition was dismissed. I took some parenting classes during the probation. I was never arrested. Because of the meaning of "charged" and " convicted" and the resolution of my case been dismissed I'm not 100% sure. Please, help. The questions are:
    Have you ever been charged with committing,attempting to commit, or assisted in committing a crime or offense?
    Have your ever been convicted of a crime or offense?
    Thanks!
  • Hello again, I wanted to follow up on this original

    Hello again, I wanted to follow up on this original conversation. This person has been charged with felony child endangerment and child abuse. They also have retained an attorney. At the time of the incident, this person was drinking and taking Zanax and
    one other new medication. They have since quit everything and are going to child endangerment classes. The lawyer originally mentioned he was going to make her defense based on the Zanax use, but doesn't seem to be interested in doing that anymore. What is
    her best defense?
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