Legal Question in Civil Litigation in California

Falsely Accused of Child Abuse

My wife and I have been accused of child abuse. I have been visited by a Social Worker who said he will file the case with the justice department.

We are innocent.

The Situation- I was dropping my son off at the Child Care Center when he rolled in the dirt on the hood of my car.

I instructed my son to follow me to the rest room in order to wash him (restrooms are in the center of the classroom). Still standing at the entrance, he ignored my calls. I called out to him repeatedly and finally had to threaten him with a spanking before he would move. When we got into the restroom, he was slouching, and moving slowly so I grabbed him by the shoulders and spun him toward the sink. It that movement, his slouching head bounced off my thumb causing his lip to bleed. When the teachers saw his lip later, it was assumed that I struck him. In the interview with my son by the social worker ''the belt'' was brought into the equation. I myself have never used the belt on my child, but after spitting into the face of my wife a few times, she found it useful. That is why my wife is in trouble.

What recourse do we have? Is help worth paying for? Or should we just ''go with the program'' as the social worker said ?

Andrew


Asked on 7/08/02, 5:56 pm

4 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Falsely Accused of Child Abuse

I suggest you strongly, quickly and assertively protect yourself to the authorities. The more effort you show in proving to them you are not abusing your child the better. If they do charge you, hire a lawyer. Keep records of all contact with them and vigorously defend yourself.

Good luck-Martin

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Answered on 7/09/02, 5:37 pm
Terry A. Nelson Nelson & Lawless

Re: Falsely Accused of Child Abuse

Representing yourself in child abuse charges would be extremely foolish, as the consequences could be severe and long lasting, including potentially having all your children removed from your home on a finding of abuse. If you want to talk about effective representation, call. 714-960-7584

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Answered on 7/09/02, 7:16 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Falsely Accused of Child Abuse

What does "going with the program" mean?

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Answered on 7/08/02, 8:42 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Falsely Accused of Child Abuse

You should hire an attorney to represent you in this matter. The attorney will review the facts in your case and advise you regarding your rights and the best approach to your case. The attorney may not be able to make it go away, but will help reduce the effect of the report from the department of social services.

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Answered on 7/08/02, 9:38 pm


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