How to Handle False Allegations of Child Abuse in Orange County, California
How to Handle False Allegations of Child Abuse in OC CA - Unfortunately, falsely being accused of child abuse is not uncommon when it comes to divorce and child custody. Making an allegation is simple, especially when the child in question is too young to understand or to speak up. Child abuse accusations can have disastrous consequences unless they are dealt with right away. A skilled family lawyer in Southern California can help you face and deal with false accusations of child abuse and to find the best custody and visitation arrangement for your child.
The Rights of the Parents and of Child in California
Custody and visitation agreements in California are made in the best interests of the child. In most cases, it is assumed that it is in the best interest of the child to have two parents who are both active in the child’s life. Certain circumstances, like a history of child abuse, can change the judge’s mind and result in a parent not having custody or visitation rights with the child.
A parent in California has rights and responsibilities to his or her child. Parents can legally request custody and visitation orders so they can spend time with their child, and parents are legally responsible for financial support until the child graduates from high school or turns 18, whichever is later. When a parent has a history of child abuse, that parent can lose his or her rights to the child, but will still be expected to fulfill his or her responsibilities as a parent.
In order to avoid losing custody of your child, visitation with your child, and criminal charges, you need to contact an Orange County lawyer immediately to protect both your rights, and your child’s best interests.
Immediate Consequences of Child Abuse Allegations
It is possible for your spouse to obtain a restraining order against you, which can prevent you from spending time with your children. The restraining order will be temporary unless you have had a restraining order hearing. If there is a restraining order against you, always contact a lawyer and do not act in contrast to the terms of the restraining order.
He Said, She Said: How to Prove or Disprove Child Abuse in California
If your spouse has falsely accused you of child abuse in California, how can they possibly “prove” that it happened? Or, do you have to prove that it hasn’t? It is assumed that you and your spouse both care about the safety and wellbeing of your child. However, a divorce or a custody battle can be stressful on both of you, and it can cause issues like a false child abuse accusation.
To prove that child abuse has occurred, the accuser must show that there is a preponderance of evidence showing that the allegations are true. Basically, there has to be more than a 50 percent chance that the abuse occurred, according to the evidence presented. A great attorney could help your spouse convince a jury or a judge that you are guilty - so if you are defending yourself against allegations of child abuse, always consult a lawyer.
Once child abuse allegations have been made, remember that there is a difference between proving they are true, not proving they are true, not proving they are false, and proving they are false. Even if your spouse cannot prove that you are guilty of child abuse, in order to obtain custody or visitation rights of your child, you may need to prove that the allegations are false.
If the allegations against you are not proven true, or if you do prove that the allegations were false - your focus will likely be on your children. Can you get custody? What are the consequences for your spouse who falsely accused you? This can all depend on the actions you take, and the attorney who you have chosen to hire.
Do I Have to Prove My Spouse’s Claims Were Vindictive?
Your spouse’s inability to prove that child abuse took place is not good enough for a judge to award custody to you. If you wish to have custody of your child, you will need to prove the child abuse did not happen.
Just because the allegations were not proven to be true does not mean your spouse’s intent was to be vindictive; your spouse may truly be worried about the wellbeing of the child. If this is the case, the judge should also be worried about the wellbeing of the child.
What happens if I Prove the Child Abuse Allegations were False?
If your spouse has falsely accused you of child abuse in California and you and your attorney have proven that the child abuse did not happen, your spouse could face harsh consequences.
Falsely accusing a child’s parent of child abuse can mean that the accuser loses his or her right to custody of the child, and the accuser may only be able to have supervised visitation with the child.
In addition to limited contact with the child, the accuser could be required to pay the cost of defending the accusation to the parent who was falsely accused. This can include reasonable attorney fees, and any court costs incurred by the parent defending the allegations.
As the parent who was falsely accused, your attorney can help you file a motion regarding these monetary sanctions so you can recoup your losses. There is a statute of limitations; make sure to discuss your options with your California lawyer as soon as possible.
How to Handle False Allegations of Child Abuse in OC CA with the help of an Orange County Child Abuse Attorney
Even if you are facing child abuse allegations, you still have the right to prove that you are innocent, and to retain the right to spend time with your children. Always contact an attorney. Having the right lawyer on your side can make all the difference
. Contact Yanez & Associates in Orange County today to schedule your free initial consultation.
Table of Contents
- 1 How to Handle False Allegations of Child Abuse in Orange County, California
- 2 The Rights of the Parents and of Child in California
- 3 What happens if I Prove the Child Abuse Allegations were False?
- 4 How to Handle False Allegations of Child Abuse in OC CA with the help of an Orange County Child Abuse Attorney