Being accused of abusing your child is about as stressful as it gets.
So is fighting to protect your child from the other parent in court. The investigation, the trial and battle over custody and visitation can put so much pressure on you and your family.
But here’s what most parents don’t realize…
The decisions you make during these proceedings will impact your family for years to come. But with the right support and guidance, you can get through this process and protect your rights as a parent.
In this article you will learn:
- Child Abuse Legal Proceedings Explained
- Child Protective Services And Abuse Cases
- How Judges Handle Abuse Allegations
- How To Get Proper Legal Support
- How To Protect Your Parental Rights
Child Abuse Legal Proceedings Explained
Child abuse legal proceedings are incredibly complex.
They involve multiple agencies working together to gather evidence, investigate abuse allegations and determine what’s in the child’s best interests.
Each year about 3 million children are investigated by a child protective services agency. That’s 3 million families going through this system.
But here’s the thing…
Not every report leads to a finding of abuse. In fact, most of these cases are closed after investigation. But the investigation itself can be traumatic for the child, parents and other family members.
If the allegations arise during a custody case, now you are dealing with two systems – the family court and child protective services. This just compounds the difficulty.
If you are going through these proceedings in Colorado, working with a knowledgeable Denver child abuse defense lawyer can make a huge difference. They know how to handle the criminal and family court side of the investigation. Plus they can advise you on how to protect your parental rights during the proceedings.
Child Protective Services And Abuse Cases
Child Protective Services (CPS) has a big role to play.
When a report of suspected abuse comes in, CPS will typically launch an investigation. The caseworkers assigned will interview your child, visit your home, check any medical records and speak to anyone who might have information.
But did you know…
Only about 5% of investigated children are ultimately found to have suffered from physical or sexual abuse. The vast majority of these investigations do NOT result in an abuse finding.
However, CPS has a lot of power during an investigation. They can:
- Conduct unannounced home visits
- Interview your child at school
- Order parents to attend classes/counseling
- Recommend removal of child in extreme cases
Their investigation and findings carry a lot of weight with family court judges. That’s why it is important to cooperate with them but also protect your rights.
You don’t have to deal with CPS by yourself. By having an attorney involved, you have someone on your side who will make sure you understand your rights and are not coerced into signing something you don’t understand that could hurt your case.
How Judges Handle Abuse Allegations
Judges take allegations of abuse seriously.
And they should.
Judges have one priority and that is the child’s safety and welfare. When abuse is alleged, a judge may immediately order temporary protective measures to keep the child safe while the case is investigated.
These measures could include:
- Supervised visitation only
- Temporary change of custody
- Orders of no contact
- Required counseling or parenting classes
The court will likely appoint a guardian ad litem (GAL) or other experts to investigate. GAL’s represent the child’s best interests to the judge. Sometimes the court will also order forensic evaluations or psychological assessments.
However,
Judges have to balance protecting the child with the parents’ rights. False allegations of abuse are not uncommon. Judges understand this so it is important the allegations are thoroughly investigated. Remember, the burden of proof is on the other side.
The burden of proof in these cases depends on the type of proceeding. Criminal cases have a higher burden than family court. In criminal court the prosecutor must prove you are guilty “beyond a reasonable doubt.” In family court, the burden is lower, “preponderance of evidence.” This simply means what’s more likely than not.
How To Get Proper Legal Support
Proceeding through child abuse legal proceedings without legal representation is a huge risk.
Here’s why
The stakes couldn’t be higher. You’re fighting for your relationship with your child and your good name. One misstep can have life-altering consequences.
An experienced attorney will be your best resource in many ways. First, they can make sure CPS conducts their investigation in accordance with proper procedures. Second, they can fight to exclude evidence obtained improperly. Third, they will cross-examine the witnesses and experts testifying against you.
Most importantly, they will help you develop a defense strategy specific to your situation.
Not all attorneys are created equal. Just because an attorney handles family law cases doesn’t mean they will do a good job in your case. You need someone with specific experience handling both child abuse defense and custody cases. Someone who is familiar with both the criminal and family court side of the proceedings.
Look for an attorney who has:
- Handled similar cases
- Successfully defended parents accused of abuse
- Is familiar with local judges and court procedures
- Communicates clearly with you about your options
- Makes you feel supported, not judged or judged
Many parents are concerned about legal fees. But consider the cost of not having proper legal defense. Loss of custody, damaged reputation, potential criminal charges. These are far more expensive down the road.
Look for an attorney that offers payment plans. Legal aid may be available to you if you qualify. Don’t let money be a barrier to getting the representation you need.
How To Protect Your Parental Rights
Just because abuse allegations are made against you, that does not mean your parental rights are suspended.
You still have rights throughout the investigation and court process. And knowing your rights ahead of time will help you make better decisions during the process.
You have the right to:
- Be notified of any allegations against you
- Respond to the allegations
- Have legal representation
- Challenge any evidence
- Appeal any unfavorable decisions
Document everything throughout this process. Keep detailed notes on any interactions you have with CPS, the police and court personnel. Take screenshots of text messages, emails and voicemails from the other parent. Take photos of any relevant evidence.
Documentation is key in these cases.
Remain calm and cooperative throughout the investigation. Don’t get defensive or angry, even if the allegations are completely false. This will only make you look bad and can be used against you. Let your attorney do the tough questioning and protect your interests.
Do the following things:
- Follow all court orders exactly. Even temporary orders you don’t agree with must be followed. Violations can be used against you later.
- Attend any required classes, counseling or evaluations. This shows the court you are taking the situation seriously and putting your child’s best interests first.
- Be careful about your social media activity. Prosecutors and opposing counsel are always checking social media accounts for evidence. Don’t post anything you wouldn’t want the judge to see. Posts about partying, drugs or alcohol, or negative posts about the other parent can seriously damage your case.
Focus on what is best for your child above all else. The courts will look favorably on parents who put their children first, even in the midst of difficult legal battles.
Moving Forward With Strength
Child abuse legal proceedings can test families in ways most parents never imagine.
Whether you are falsely accused or fighting to protect your child, the system can feel stacked against you. But you don’t have to navigate this alone.
With the right legal support, documentation and knowledge of your rights, you can get through these proceedings and protect your family. Many parents fight and win false allegations and maintain their parental rights.
Others protect their children from true abuse and obtain safe custody arrangements.
The most important thing you can do is act quickly. The sooner you get proper legal representation involved, the better your chances of getting a favorable outcome. Don’t wait until the situation escalates.
Your relationship with your child is worth fighting for. Take the necessary steps to protect your family and secure the best future for your children.