How To Prove False Allegations Of Child Abuse

In the parking lot of a grocery store, a mom was putting her children into the car when her daughter began yelling and having a fit. She did not want to get into her car seat and was resisting every calm attempt from her mother to get her buckled in. A few hours after getting her children properly buckled up and proceeding to drive them home, the mom hears a knock on her door. The police have arrived at the mothers house with a social worker. Another person in the parking lot heard the incident and called the police to report the mother for child abuse.

Unfortunately, it is very easy to get falsely accused of child abuse. False allegations of child abuse could come from a former spouse during a contentious divorce, a student who is mad at a teacher because he or she received a failing grade on an important test, or anyone who sees you interacting with your child.

These false allegations alone could be devastating. Depending on the circumstances, it could cause you to lose your job and potentially your children. The consequences could be even worse if you are convicted of the crime of child abuse. That is why the first thing you should do if you are falsely accused of child abuse is speak to an experienced child abuse attorney.

A lawyer may be able to help you by raising questions and presenting evidence that will effectively poke holes in the allegations against you. Heres how skilled child abuse lawyers attempt to prove false allegations of child abuse:

1. There were no injuries sustained by the child

In order for you to be convicted of child abuse under California Penal Code Section 273(d), the prosecution must prove that you willfully injured the child in a traumatic way. If there were no injuries sustained by the child, an experienced child abuse attorney will use this as evidence to prove that the defendant did not commit the crime of child abuse.

2. The injuries sustained by the child are unrelated to claims of child abuse

Many cases begin when a child is taken to the hospital for an injury that occurred by accident in the house. Doctors (as well as teachers, social workers and other professionals who work with children) are required to report potential child abuse if they see a bruise or suspect neglect of a child.

In these cases, an attorney will attempt to show that the injuries were not committed purposefully. This can be achieved through medical evidence and testimony of medical experts that the injuries were not caused by child abuse.

3. The defendant was using reasonable discipline

Parents have the right to use reasonable discipline when it comes to punishing their children. Reasonable discipline includes corporal punishment. Therefore, spanking either with your hand or using an object like a paddle is not considered child abuse in California when it is used as a means of discipline and it is not unreasonable or excessive.

Child abuse cases are very complex and applying the right defense to each case requires the expertise of an experienced child abuse lawyer. Consider contacting an attorney before speaking to police and social workers in order to protect yourself from false allegations of child abuse.

How to deal with Personal and Family Issues Legally

While many people take matters of family law for granted, only a few who have faced hard times out of such ignorance know how important it is to have a family legal representative. Some matters in the family are sensitive and can blow out of proportion at any given time, which necessitates the need for a family legal attorney, just to be on the safe side.

eltham-palace-Family law refers to legal matters relating to marriage, divorce, legal separation, child custody and support, alimony (spousal support), adoption and related issues. At one time or another, almost everyone will have a family law matter that they will need settled. As family law matters involve more than just money, it is important for a person who has a family law issue to have an attorney from a family law firm who will help him or her to receive the best legal decision possible. Family attorneys are trained to help people who are dealing with both financial and emotional legal issues.

While many people do not seek legal advice before getting married, it is a good idea. A competent family law attorney can help a couple to make the right decisions regarding prenuptial agreements and the combining of assets. Of course, a family law attorney is needed when a couple is divorcing as important legal decisions need to be made concerning assets, liabilities and other financial matters. It is particularly important for a person to have legal counsel in divorces involving the custody and support of minor children.

In the event of a divorce, family and divorce lawyers can do more for a client than just argue the case in court. Skilled family and divorce lawyers help people by negotiating fair settlements with the other party without having to go to court. By settling out of court, a lot of time and money can be saved. These savings come from reduced court costs, lower attorney fees and elimination of most appraisal and expert witness fees. In cases where the children may be called as witnesses, settling out of court also keeps children from having to testify in court.

Sourced From: https://concordlawyers.com/the-importance-of-a-family-law-attorney/

Every day we are on the run to make our lives better. The unfortunate thing is that at any given time, accidents may happen in the course of duty or elsewhere. Making a claim to get compensation for any injuries incurred can be quite a daunting pursuit. This is why you should have a personal injury lawyer, who can help you push for justice in case anything happens and you get harmed.

If you’ve sustained an injury and you believe you deserve to be compensated for any expenses, you may want to consider speaking with a personal injury attorney who can advise you on your case and then represent you if you decide to proceed. Some common injuries which may require a personal injury lawyer:

Medical malpractice and botched surgeries

Work related injury

Traffic accidents

Falling in a public or private place

Repetitive strain injury

Chest diseases

Asbestosis

Mesothelioma

If your personal injury attorney is able to prove that the injury you sustained was due to negligence on the other person’s part, you may win in a court case or decide to settle without going to court. Either way you will receive a payment for your medical bills, lost work wages, and pain and suffering. Generally the payment will be made in installments. If you don’t win your case, you don’t recover any money but you also don’t owe anything to your attorney if you’d agreed on a contingency fee.

Sourced From: https://www.rocketlawyer.com/article/do-i-need-a-personal-injury-lawyer.rl

Making the best choice of the attorney to represent you can be a bit of a challenge. Sometimes you might not even understand if you should hire one or represent yourself before the court. The issue of settling payments and the contingency fee is also another hurdle that really takes people down when it comes to making this decision, but all you need is to weigh your situation and be smart inn making your next step.

Do You Need to Hire an Attorney or Can You Represent Yourself?

Deciding whether or not you need a personal injury lawyer can be a tough decision. Learn the types of claims you can probably handle on your own, and those you’ll definitely need a licensed attorney for.

How to Choose the Best Personal Injury Attorney for Your Case

If you’re like most people, you wouldn’t even consider the prospect of handling your own case. Naturally, you’ll want to find the best injury attorney out there. We’ll show you what to look out for and how to make sure you get the right attorney for your case.

How Contingency Fees Will Affect Your Settlement Payout

Your lawyer’s fees will vary depending on your location and the facts of your case. You should expect the contingency fee to be about 33 percent of your final settlement – that’s after expenses are taken off the top. It rises to 40 percent if you go to trial.

Sourced from: http://www.injuryclaimcoach.com/personal-injury-lawyer.html