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Child Abuse Questions

What is child abuse?

When a child is mistreated and caused physical, mental, emotional or sexual harm by an individual, it is called child abuse. A child may be abused by his/her parent, teacher, care giver, sibling or any other individual. One may face severe punishment and may even lose custody of his/her child if one is charged with abuse. Given below are some of the most commonly answered questions by Experts about child abuse.

Can an individual file child abuse charges against a person even if they did not witness the incident?

An individual may not be able to file child abuse charges against a person if they did not witness the incident. However, this individual can report the incident to the law enforcement authorities.

Would the doctor’s statement that the child was abused be enough to prove abuse in court?

A doctor’s statement may not be enough to prove abuse of the child in court. The statement may only establish that the doctor thinks that the child has been abused. There are various other criteria that need to be met in order to prove it. The following link gives some information regarding this: http://www.whale.to/v/sbs.html.

What can a person do if they have been falsely accused of child abuse?

If a person has been falsely accused of abusing a child, they may have no other choice but to prove that all the allegations are wrong. The person accusing that individual may have to prove that all of the complaints are true. Lack of prior records or arrests for abusing a child can be used as evidence to prove the innocence of the accused individual in court.

How can an individual get his/her name removed from the national child abuse registry?

If the individual had an unsubstantiated or inconclusive case against them, they may file for an administrative hearing on removal of the name with the child protection agency. If they do not cooperate, they may have the right sue in court for the removal. However, if the individual had a substantiated claim against them, the individual may have to file a petition in court to get their name removed from the registry.

Can any kind of physical violence be termed as child abuse by the Division of Family Services (DFS)?

In most situations, any kind of physical violence towards the child may be termed as abuse by the DFS. People may avoid corporal punishments in order to prevent being charged and convicted.

What is the punishment for falsely accusing a person of abusing a child in California?

Under most circumstances, an individual’s visitation rights may be taken away and he/she may lose custody of the child if falsely accusing the other parent of abuse. In California, if an individual falsely accuses a parent of abusing their child, they may be given monitory punishments and may have to cover all the court costs including attorney fees for the defendant.

Being abused as a child can have a damaging effect on a person’s mental and emotional growth. At times, these incidents can remain with the person all of their life. It is very important to report cases of child abuse to the authorities and take action against the person abusing the child. Similarly, a child abuse allegation against an individual can have a great impact on a person’s life and career. If a person is wrongly accused of abusing a child, they must know what steps they can take to prove their innocence. All these things involve a lot of legalities and can get confusing for the layman. It would be helpful to ask an Expert and get your doubts cleared if you have been a victim or have been falsely accused of child abuse.

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Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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