I was recently accused of abusing my three children. I know and everyone I know including a friend of mine who is a police officer knows that I do not abuse my kids! I am a single mom and scared that I will lose my kids because of this . I know that I am being falsely accused so what do I do to stop this nonsense so that my kids and I can get on with our lives and be happy like we were before this started? And I know who did it!
3 Answers from Attorneys
Re: Child Abuse
False allegations of abuse are extremely serious. This is not the time to conserve on time, effort, or money. Get yourself off to an excellent attorney immediately.
You do not share details as to what is going down,
but I can tell by your last sentence that a lot
of unpleasantness is occurring. This is one
area of the law where both federal and state
constitutions are trampled on on a daily basis.
While social workers at administrative
agencies (aka DSS, DYS all kinds of acronyms for
these agencies) more often than not just RUBBER
STAMP whatever the mendatory reporter or some
other reporter reported to the agency. In other
words, they ASSUME THE REPORTER TOLD THE TRUTH.
There needs to be almost no evidence for people
to be deemed guilty of any charge having to do
with sex. Go to http://www.falseallegations.com/
immediately and begin reading like crazy. There
is also a page with links to other websites.
That particular site is more informative than
any other on the Net . . . even thouygh some of them are similarly named.
It just may answer many of the questions you have,
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane
Re: Child Abuse
Two other attorneys have posted on this before, with Jonathan Schiff suggesting you need not worry if the allegation is false.
Barbara Johnson, on the other hand, warns that false allegations are very commen and frequently cause major problems.
Ms. Johnson is right on the money and the website she suggests is a good place to start.
DO NOT DELAY!
These cases can rip a family apart, send you deep into debt with snowballing legal fees, and end up with you in prison.
I've handled a number of these cases and the best approach is to get an attorney RIGHT AWAY to fight it early, when the fight might still be relatively inexpensive.
Jes Beard, Attorney at Law
737 Market St., Suite 601
Re: Child Abuse
The law in this area is in flux. I practice in Ohio so I am not familiar with the law in your state. However, the law in your state may allow a civil suit against someone who deliberately makes a false child abuse report. Although, it may be a different matter if the person is one of a class (school teacher, physician, etc.) mandated by law to make reports.
In any event, I wouldn't get too upset necessarily because an investigation was triggered. Most Children Services Boards are required by law to investigate abuse reports. Just because a social worker comes to your house doesn't mean he or she believes the report.
The investigator would have to have more than some 3rd person report in order to do anything. And even assuming that the worker was able to confirm that something happened, the response would be dictated by circumstances. The state of the law now is that because the family unit is recognized by the constitution as being sacrosanct, the authorities can't just come in and seize children. Even if, in the worst case scenario, a complaint was filed and the matter was set before the juvenile court, the court has an obligation to seek a solution with the family remaining intact, only looking to removal if there is some imminent danger to the child.
But it doesn't sound like that is the situation here. If this is a malicious neighbor or ex significant other and you maintain your cool, they'll get tired of the game eventually.
605 Rose Hill Ave
Related Questions & Answers
Divorce Do I need to have a lawyer for a divorce if there are no children and both... Asked 11/30/98, 2:48 am in United States Iowa Family Law, Divorce, Child Custody and Adoption
Getting name off mortgage loan Divorced 3 years ago; I quit claimed house to ex with... Asked 8/29/98, 11:22 am in United States Iowa Family Law, Divorce, Child Custody and Adoption
Child support while attending college and living at home my daughter will be... Asked 4/23/98, 9:06 pm in United States Iowa Family Law, Divorce, Child Custody and Adoption
Ex wants to take away visitation Here is my situation: My ex-wife and I have joint... Asked 4/06/98, 5:57 pm in United States Iowa Family Law, Divorce, Child Custody and Adoption