How to Prove False Allegations of Child Abuse
Child abuse can take many different forms, including neglect, physical abuse, family violence, emotional abuse, and sexual abuse. The effects of abuse can manifest themselves immediately or remain hidden until unexplained symptoms reveal the effects years after the abuse took place.
Under California Penal Code Section 273(d), you could face up to six years in prison if you are convicted of felony child abuse. A conviction of child abuse can destroy your reputation, your family, and your freedom. Although California’s child abuse laws are aimed to protect children, it is not uncommon for the laws to be abused themselves, especially when there are false allegations of child abuse. An experienced California criminal defense can help protect you if you are being falsely accused of child abuse.
False Allegations of Child Abuse
Often times, accusations of child abuse can arise out of family or matrimonial conflict. It is very easy for a family member to accuse you of child abuse due to anger, revenge, or jealousy in connection with a child custody battle. Because children are impressionable, it is not uncommon for one parent to brainwash a child into thinking that the other parent is abusing them in order to obtain full custody of the child. An experienced attorney can raise specific questions and seek evidence that will effectively show the deficiencies in such allegations and may successfully prove that you are being falsely accused of child abuse.
Injuries Unrelated to Claims of Child Abuse
Injuries sustained by children can easily be linked to child abuse and are often used to show physical abuse occurred. Under California’s mandatory reporting law, professionals such as doctors, teachers, and social workers are required to report suspicions of child abuse. 1 If a professional sees a bruise or other injury on a child, the professional might be compelled to alert the authorities.
An experienced attorney may be able to show through medical evidence and testimony of medical experts that the injuries were not caused by child abuse.
Injuries Caused by Accidents
Under California PC 273(d), it is a felony to willfully injure a child in a traumatic way. 2 If you are accused of injuring your child, an experienced criminal defense attorney can successfully raise the defense that you did not intentionally injure your child or that the injury was not a result of your reckless behavior.
Parent’s Right to Discipline
Parents have the right to discipline their children physically through what is known as corporal punishment, so long as the discipline is reasonable. As a result, “spanking” (with your hand or an object like a paddle) when used as a means of disciplining a child is not considered child abuse under California law unless it is either unreasonable or excessive.
An experienced criminal defense attorney will be able to raise the defense that the corporal punishment you used was reasonable and not excessive based on the circumstances.
Call Wallin & Klarich Today
If you or a loved one is being accused of child abuse, it is critical that you speak to an experienced criminal defense attorney right away. At Wallin & Klarich, our attorneys have over 40 years of experience in successfully defending persons falsely accused of child abuse.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [California PC 11164. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=11001-12000&file=11164-11174.3]↩
2. [California PC 273d(a). http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=270-273.75]↩
My fiancé he being falsely accused of molesting child that happen 5 years ago he being held in Ventura county jail he been in there for 6 months and he being sentence may 20 but I know for a fact he didn’t do it because I left him and my daughter by them self and he lived with me til he went in and I as victim of being molested so I would if got it my daughter loves and miss him so there any way you can help
Hi Raynette,
These are very serious allegations, and it is important that contact an attorney immediately! Call us now at (877) 466-5245 so we can discuss your case.
My sister and her husband r being falsely accused of shaken baby syndrome please help its lies because he has medical conditions I need someone that will fight for my sister and go stand up to these judges and everyone else that this is a medical case I hope there’s something or advice u can give me for this case her lawyer isn’t really doing much and we need someone with experience . I need someone that will save my family this has affected the entire family please help
If your loved ones are being falsely accused of a crime, it is best to hire an experienced criminal defense attorney to defend them against these charges. Please contact us for a free phone consultation at (877) 466-5245 and we can discuss your case in detail.
I been fighting for my kids for 5 years now and no one can get me my kids back cause everyone rather lie for a officer that lied twice wit a sick horrible lie. I got all paper work I keep from 1st and this time. Got my parental rights taken away. I need someone’s help please.
Hi Mary,
If you have been accused of child abuse in California, we may be able to help you. Contact us now at (877) 466-5245 so we can discuss your case in detail. We look forward to your call.
Thank you
My ex-husband and I believe our 12 year old son is being falsely accused of sexual abuse with one of his nieces, it supposedly happened 3 or 4 years ago, we have a granddaughter who is turning 5 years old soon and there has never been any accusations by her and he’s been around her since she was born, we had our son in counseling after the accusation was made and his counselor said that he showed no influence towards her that the accusation was true
Hi Alice,
You should contact an experienced sex crimes defense attorney immediately to discuss your son’s case. These are very serious allegations that could impact the rest of your son’s life. Please contact us at (877) 466-5245 so we can discuss how we can help you.
We look forward to your call.