what likd of lawyer do i used when fasley accused in dcf case involving me and my child

by Marcelina Zboncak Jr. 5 min read

When you have been falsely accused of sexual abuse, do not talk to anyone. Do not sign anything. Do not do anything until you have spoken with Attorney Kevin Seaver, who will provide you with trusted, battle-tested, and competent representation.

Full Answer

What happens if you are accused of sexual abuse by DCF?

Jul 08, 2019 · Please uphold your legal rights and file for a Fair Hearing. Fair Hearing Office Contact Information: Address: 600 Washington Street, 5th floor, Boston, MA 02111. Phone: 617-748-2030. Fax: 617-748-2062. Email: [email protected] Kevin Seaver is a trusted Massachusetts DCF lawyer specialized in DCF law since 1991.

What is DCF’s policy on false allegations?

Dec 10, 2017 · 10. Dec. A Department of Children and Families (DCF) false allegation of child abuse and/or neglect is terrifying. It is an assault on your pride, dignity, and spirit. You can be shocked, angry and bewildered by who could levy such false allegations against you. The allegations may even come from an anonymous person, which can only add to your ...

Do I need an attorney to protect me from DCF?

Nov 08, 2012 · •Personal benefit for the reporting person in any other private dispute involving a child or vulnerable adult. As my colleague mentioned, Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children and Section 415.111, F.S. addresses false reporting for adults.

Why was a report made against me by DCF?

Jan 16, 2009 · My question involves criminal law for the state of: Florida. DCF investigation brought against my fiance for allegedly touching my daughter. We believe malicious intent is behind this case from custody issues with my grandparents. I have found out, since the case started, that my grandmother was the initiator. DCF hasn't called ANY contacts we ...

How do you fight back against false accusations?

How to Defend Yourself Against False Accusations
  1. Stay Calm. ...
  2. Hire an Attorney to Help You Fight Back. ...
  3. Gather Evidence. ...
  4. Challenge the Accuser's Credibility. ...
  5. Find Your Own Witnesses and Present Evidence of Your Side of the Story. ...
  6. Develop a Strategy in Criminal Defense Cases.

What to do when you are falsely accused of hitting a child?

What to Do If You Are Falsely Accused of Child Abuse
  1. Do Not Confront Your Accuser. ...
  2. Increase Your Credibility During Court Proceedings. ...
  3. Expose Inconsistencies and Inaccuracies in the Case Being Made Against You. ...
  4. Call a Knowledgeable Attorney for Help.

What do you do when someone accuses you of something you didn't do?

What to Do If You Are Charged With a Crime That You Did Not...
  1. Realize the seriousness of the accusations. ...
  2. Understand the cost of a defense. ...
  3. Intervene before charges. ...
  4. Take no action. ...
  5. Gather any physical evidence and documents. ...
  6. Obtain witness contact information. ...
  7. Investigation. ...
  8. Plea bargain.

What do you do if someone files a false DCF report in Illinois?

DCFS may then directly report the knowing transmission of a false report to the State's Attorney of your County for subsequent prosecution. If DCFS does not report the crime, you can contact your local police and/or State's Attorney to report the crime.Apr 1, 2022

How do you respond to false accusations in child custody cases?

What should I do if I am falsely accused?
  1. keep calm;
  2. not confront your ex-partner about the allegations outside of court if the allegation is raised as part of legal proceedings. ...
  3. be motivated to disprove the allegation and provide information in support of your arguments that you are a safe and capable parent.

Why would a child make false accusations?

False retractions of accusations by children who have been abused are suggested to occur for one or more of several reasons: out of shame or embarrassment, fear of being sent to a foster home, due to the reaction of adults leading them to feel their behavior was "wrong" or "bad", a desire to protect the perpetrator who ...

Can I sue for being falsely accused?

Your lawsuit must show that this person knew or should have known that their statements were false, but made them anyway in order to deliberately harm you. A civil lawsuit for defamation of character via false allegations of a crime can come in two forms: slander and libel.

How does a guilty person act when accused?

A guilty person will tends to have more emotionally-charged dialogue with you. "Someone harboring a guilty conscience may be quick to jump to extreme anger when questioned," therapist Dana Koonce, MA, LMFT, tells Bustle. "Because they are perceiving you as a 'threat,' fight or flight is activated.Dec 13, 2018

Can I sue someone for falsely accusing me of harassment?

An individual can even experience discrimination as a result of false allegations, too. Those who face false allegations of a crime can file a lawsuit.Nov 10, 2021

How do I press charges for false CPS report in NY?

If you are the victim of a false report, you should contact your local police department or District Attorney's office (dependent on your jurisdiction) to discuss what options are available.

How do I press charges for false CPS report in Ohio?

You should bring the matter(s) to the local police and ask that they investigate, seek charges from the county prosecutor for filing a false report. The county prosecutor and CPS (Child Protective Services) take the filing of false reports very...Sep 18, 2014

How do I fight DCFS in Illinois?

How To Fight Your DCFS Case? We can help you fight and WIN! The case will go to an administrative hearing, followed by a recommendation on a potential termination of parental rights. The appeal can go through the circuit court all the way to the appellate court.

What is a DCF?

A Department of Children and Families (DCF) false allegation of child abuse and/or neglect is terrifying. It is an assault on your pride, dignity, and spirit. You can be shocked, angry and bewildered by who could levy such false allegations against you.

What to do if you are falsely accused of sexual abuse?

When you have been falsely accused of sexual abuse, do not talk to anyone. Do not sign anything.

What is the Big Comfy Couch?

The child was referring to The Big Comfy Couch, a children’s program on public television. The child’s statements were taken at face value as being sexual abuse by the Father. This is the ultimate nuclear bomb when false allegations of sexual abuse are hurled. Everything stops until the allegations can be investigated.

What happens when a murder is committed?

When a murder has been committed, there is usually a body left behind. In a robbery, there are stolen items that can be used as evidence. When allegations of child abuse are false, there may be no physical evidence left behind. You must prove that something that did not happen did not happen.

Carolyn Mae Gramlich

You are right, there is recourse for reports made by persons who are using the child abuse hotline inappropriately. However, anyone reporting in good faith is immune from any civil or criminal liability.

Paula Darlene Moser-Bartlett

My colleagues are correct. It is very difficult to prove 1) who made the report since FLorida allows anonymous reporting and 2) that the person knowingly made a false report.

Erin Patricia Farley

Check: Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children and Section 415.111, F.S. addresses with false reporting for adults.

Can police lie to you during interrogation?

It is also legal for police to lie to you during interrogations, saying things like, “We have proof that you are guilty, so you might as well confess and we’ll go easy on you.”. Gather support. Organize a defense fund or, even better, find someone to do that for you.

What to do if you are innocent?

If you are innocent, you have nothing to be ashamed of. It is important to contact friends and family members early in the process. Tell them what happened. People tend to form opinions quickly and take sides. Do not give a statement to the police without a lawyer present.

Can a guilty verdict send you to prison?

Don’t panic. Just before trial, it hits home for many people that a guilty verdict could send them to prison for many years. If offered a plea bargain, they accept it.

What happens if you don't go to prison?

Even if you spend no time in prison, you will most likely be put on a sex offender registry, where you will remain for years or even for life. The conditions of your parole will limit where you can live, affect your job and educational prospects, and your family life. Your movements will be limited.

Is the media unpredictable?

The media are unpredictable. You are just as likely to get bad coverage as good. Sometimes it is best — for you, your family, and your case — to avoid publicity, and instead to negotiate behind the scenes. But there are times when publicity can save you.

Slander and Libel

An individual may sue for slander and libel when attacked with a false statement that harms an individual’s reputation. The difference between slander and libel is that slander involves oral or spoken statements made to a third party, while libel is written, visual, or internet-based.

FAQs About Suing Someone for False Accusations About Child Neglect

Yes, you can sue for a false CPS report. Speak to an attorney from Her Lawyer so that they can take a closer look at your case.

Contact Us

If you or a loved one is seeking to sue for false accusations of child neglect, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Family Law Attorneys today!

How to Successfully Fight DCF, Call Attorney Seaver

My name is Kevin Patrick Seaver, I’m a DCF defense attorney. For the past 25+ years I have successfully represented clients all over the Commonwealth of Massachusetts in various matters involving DCF.

Successfully Fight DCF, Call Attorney Seaver

This entry was posted in DCF, Video and tagged DCF Attorney, DCF Help, DCF Lawyer, DCF Strategy, Free DCF Consultation .

How does false allegations of domestic violence affect your life?

As you may be currently experiencing, being falsely accused of domestic violence immediately changes your life for the worse in a number of different ways. Depending on any given individual’s personal circumstances, a domestic violence defendant can watch their job ...

What to do if you are being abused?

If you are the abused, gather evidence. There are instances where the person who is accused of committing domestic abuse is actually the victim of physical and emotional abuse. If this is the case, gather as much evidence as you can without putting yourself in danger. If you feel that you are in any danger or are a victim of abuse now, ...

Is domestic violence a violation of rights?

The general population’s view of those charged with domestic abuse against a girlfriend, spouse, child, or anyone else can be a destructive force and a violation of one’s rights when the person charged with domestic violence is not guilty of their alleged crimes. Unfortunately, even proof of innocence can fail to repair one’s life ...

What happens if someone steals your license?

If your accuser steals your driver’s license, birth certificate, car titles, or money from you and then files charges against you, you may spend all of your time trying to get your stuff back rather than taking care of what needs to be done to ensure your freedom.

What happens after you are arrested?

After your arrest, the charges will be examined and a determination made whether there is enough evidence to move forward with the case. Contrary to what you may have been told, the accuser cannot just simply recant and have those charges dropped.

How long do you have to go to jail after being arrested in California?

Once the arrest has been made, the California court system has a duty to follow up on them. You will typically spend 48 hours or less in jail until being released or a bail amount is set. This is the time when you need to be making arrangements to hire an attorney. Asserting your innocence from the very beginning will help to solidify your case.