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False Child Abuse Allegations

It’s a nightmare scenario that no parent should ever experience — being falsely accused of harming their child. Unfortunately, false allegations of abuse are becoming an increasingly common tactic used to gain leverage in highly contested divorce and custody cases. Claims of child abuse or neglect made by a former spouse or partner, or even your own children can throw your life into a tailspin. Suddenly, you’re facing the very real possibility of losing custody or even visitation of your kids. You are likely to be the target of an investigation conducted by Chid Protective Services (CPS), one that could subject you to uncomfortable, embarrassing, and demoralizing questions. Worse yet, when it’s all said and done you could be criminally prosecuted which carries potential jail time, fines and mandatory participation in court-ordered programs.

Even if the allegations against you are completely unfounded, don’t make the mistake of thinking the truth will always win out in the end. In a child abuse case, you are more likely to be perceived as guilty until it can be proven beyond any doubt that you are innocent. The reality is, you have a lot at stake and need an experienced child abuse attorney on your side to protect your interests and rights. A family law firm can dedicate their legal resources to investigating child abuse allegations and focus on clearing your name and restoring your parental rights.

A child abuse lawyer can identify evidence to expose inconsistencies in your accuser’s story.

In the meantime, make sure to:

  • Remain calm – keep your emotions in check. Any angry outburst can add fuel to the theory that you are abusive.
  • Exercise your right to remain silent — Do not talk to law enforcement or social workers about your case unless your attorney okays it and is preferably present
  • Follow court orders – You may be ordered to partake in different types of assessments such as anger management or drug and alcohol counseling. Cooperate with these programs. In addition, you may have been served with a restraining order prohibiting you from having contact with your children. Do not try to sneak visits with your children or confront your accuser. This will only make things worse.


Allegations Of Abuse Or Neglect

Child abuse can take many forms, including:

  • Emotional Abuse
    • yelling, threatening, or bullying
    • constant belittling, shaming, and humiliating
    • telling a child they’re “no good,” “worthless,” “bad,” or “a mistake”
    • failing to show affection
    • ignoring or rejecting child, giving silent treatment
  • Neglect: habitually depriving a child of proper food, housing, clothing, education, medical care, or supervision
  • Physical Abuse: causing physical harm or injury to a child
    • striking, shaking, or throwing a child
  • Sexual Abuse: engaging in a sexual act with a child or exposing the child to unsuitable sexual material or behavior
  • Abandonment: leaving the child alone
  • Substance abuse: giving drugs to a child, caring for a child while significantly impaired by drugs


Common Reasons for False Allegations

Gain Advantage in Court– An ex-spouse or partner may use false allegations of abuse or neglect as a weapon in a divorce or custody hearing. They may think by accusing you of something so heinous, they may be able to benefit financially in the divorce or get full custody of the children.

Parental Alienation: It’s possible that your ex-wife or ex-husband has deliberately brainwashed your kids into believing you acted inappropriate in some way. Their reasoning for doing this may be to to sever their relationship with you. If your children have been exposed to persistent lies about you, they

Rebellion: If your child has accused you of abuse or neglect their motivation for doing so may be to rebel against parental authority or because they are seeking attention.

Misunderstanding: Sometimes, what is perceived as abuse by others is not abuse at all. For instance, if a teacher, doctor, relative or friend notices suspicious bruises or cuts on your child, they may conclude that you harmed them when in reality they may have just fallen by accident.

Manipulation of Facts: During the course of the investigation, your children may undergo numerous psychological and physical examinations and other interviews. Interviewers may use a variety of tactics that can lead to faulty information such as asking leading questions designed to be suggestive, offering rewards for answering questions

Mistaken Identity: Perhaps your child has been abused but by someone else. We may be able gather evidence such as receipts, phone records, text messages, or witness testimony that proves you could not have been present to commit abuse at the alleged time.


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