what will a lawyer do when he hears about child abuse

If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.

Full Answer

Why do I need a child abuse attorney?

A child abuse attorney will have a great deal of experience dealing with similar cases and they will have become accustomed to being around and speaking with children. An attorney who specializes in child abuse will be familiar with the court proceedings and will know what to expect during a child abuse case.

What should I do if I am accused of child abuse?

The proper course of action will depend on the nature of the allegations and a number of other factors. Typically, a judge may suspend the accused parent’s right to visitation and/or custody pending an investigation. When that investigation fails to uncover evidence of abuse, the accused parent’s rights will be reinstated.

What happens when a judge investigates a child abuse claim?

In cases of alleged abuse, the judge will thoroughly investigate each claim before awarding custody or visitation. This often leads to time-consuming and expensive examinations by medical and mental health experts, which can be especially burdensome for children.

How is child abuse and neglect treated in criminal law?

Child abuse and neglect is also dealt with through a system of civil laws and government agencies that work to to remove abused children from the homes in which they suffer abuse or otherwise protect the child and help provide treatment for families. This article deals mostly with criminal law regarding child abuse.

What happens when a parent is accused of abuse?

A parent who is falsely accused of child abuse could potentially lose visitation or custody rights if they do not contest the allegations in court. Alternatively, a parent who falsely accuses another parent of abuse could face fines, limited visitation, and even the loss of custodial rights.

Which of the following types of reports must be reported by the child welfare agency?

The law requires child welfare agencies to make a CACI report to the CA DOJ whenever they substantiate an allegation of 1) physical abuse, 2) sexual abuse, 3) mental abuse, or 4) severe neglect.

How long does DSS case stay open in SC?

How Long Does a DSS Investigation Take in South Carolina? DSS has 45 days to finish its investigation after DSS receives a report of abuse or neglect. If necessary, the family court may grant an additional 15 days to complete the investigation if there is a good cause to do so.

How do I get a CPS case dismissed in California?

Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.

When you suspect abuse the first thing you should do is?

Answer. All states have a system to receive and respond to reports of suspected child abuse and neglect. If you suspect a child is being harmed, or has been harmed, you should report your concerns to the appropriate authorities, such as child protective services, in the state where child maltreatment is occurring.

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.

What happens when a parent is reported to social services?

If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.

How old can a child stay home alone in SC?

Some states have explicit laws that say how young is too young to leave a child at home. South Carolina does not. However, there is non-binding, unofficial guidance from the state setting the minimum age at 8 years. That's a good rule of thumb for any parent in Greenville, SC to follow.

What are my rights with DSS in SC?

Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.

How do you get CPS to drop a case?

There are two main ways charges against you may be dropped:Formal acquittal. ... Discontinuance. ... Lack of evidence. ... Evidence against you was illegally obtained. ... The prosecution is not in the public interest. ... To buy time to prepare for a later trial.

What are grounds for CPS to remove a child in California?

How Does CPS Determine Child Removal?Physical or sexual abuse by a family member.Failure to protect the child from danger.Failure to provide proper care and supervision for a child.Failure to provide the child with necessary needs such as food, clothing, shelter, or medical treatment.

How long does CPS have to investigate a case in California?

about 45 daysAlthough it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.

What Constitutes Child Abuse?

Child abuse doesn’t have to be extreme for a parent to lose visitation or custody rights. As a general rule, in the family law context, any activit...

How Will Child Abuse Affect My Custody Case?

No one wins in a child abuse case. Both parents risk losing custody rights if the non-abusive parent knew about the abuse and didn’t prevent it. Fo...

How Do I Prove That My Child Has been Abused?

If you’re alleging that your spouse or ex partner abused your child, you’ll need a lot more than circumstantial evidence. Relatives, neighbors, fam...

Questions For Your Attorney

1. My ex has custody of our child, but I’m worried that her new boyfriend is abusing our child. What can I do to get custody? 2. Will a court convi...