Contact Us

Get In Touch

We would love to hear from you! Please fill out this form and we will get in touch with you shortly.

What to Do If You Are Falsely Accused of Child Abuse

child abuse, San Jose criminal defense attorney

Child abuse is sadly common in California. However, not everyone who is accused of child abuse has actually committed this heinous crime. It is not terribly unusual for angry spouses, ex-spouses, boyfriends or girlfriends, family members, or friends to accuse someone of child abuse in order to receive some sort of benefit or to “get even” with the accused individual. Claims of abuse—even if they are proven untrue—can be devastating for the person accused. If you find yourself in the unfortunate situation of being accused of child abuse, there are things you should and should not do.

Do Not Confront Your Accuser

Sometimes, a person will bring allegations of abuse against someone even though they know the person will probably be found to be innocent of those claims. The accusing party is simply trying to get the accused to retaliate or respond in a negative way. If someone accuses you of domestic violence or abuse, do not confront that person. Any response you offer can be misconstrued by the person accusing you of abuse and used against you.

Increase Your Credibility During Court Proceedings

In order to overcome a false allegation of child abuse, you may have to testify in court. It is critical that you demonstrate your credibility during this hearing. With help from a qualified California criminal defense attorney, you may prove your integrity through:

  • Being honest and consistent;
  • Obtaining character witness statements;
  • Remaining calm and cooperative;
  • Passing a lie detector test;
  • Corroborating your story with witnesses; and
  • Passing a psychological evaluation.

Expose Inconsistencies and Inaccuracies in the Case Being Made Against You

An individual who has fabricated stories of abuse about another will often make mistakes when recounting the lies. Exposing these inconsistencies and contradictions can help prove that the information being said about you is false. Pointing out inadequacies or mistakes made during the investigation into your alleged offenses can also prove beneficial when seeking to dismiss false charges of abuse. Finding evidence that undermines the allegations against you is another technique that can help prove abuse allegations untrue.

Call a Knowledgeable Attorney for Help

Allegations of domestic violence can destroy a person’s reputation, career, and relationships. If you have been accused of child abuse, contact an experienced San Jose criminal defense attorney. Call (408) 277­-0377 to schedule your initial, completely confidential, consultation with our firm.

Source:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=1.&part=4.&chapter=2.&article=2.5