Child Abuse Laws
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.