Sorting out child abuse charges

Sorting out child abuse charges

Accusations of child abuse are always filled with high degrees of emotion that can tug at the heart strings of a judge and more importantly, a jury. Unfortunately, there are many times that children are used as pawns in battles between adults, meaning that just because a person has been charged with child abuse, it does not automatically mean they are guilty.

While many instances of child abuse may be legitimate, there are many others where an adult or a parent is falsely accused. One of the most frequent times this happens is during divorce proceedings when child custody becomes a major battle between two parents. Simple acts of discipline can be magnified to unreasonable levels to win primary custody. The best defense you and your child abuse defense lawyer can put forth is a strong denial combined with evidence that undermines the opposing side’s claims. In fact, you may be able to show that the other side was a party to any alleged abuse, or that they separately conducted similar wrongful acts as well.

When divorce and child custody is not an issue, the appearance of child abuse can result in charges. Many times, when a child sustains injuries that appear to be a form of abuse, the reality is that the injuries were sustained as the result of an accident. Unless the child’s accident took place as a result of gross negligence or recklessness on the part of an adult, the law does not punish adults for a child’s accident.

Sometimes, abuse is claimed when a parent attempts to discipline their child. As long as the discipline is reasonable and does not cause any bodily injuries, parents do have a fair amount of leeway. Spanking may be okay, but if it leaves bruises or worse, a parent’s privilege of the right to discipline their children may not apply.

Decker & Jones serves clients in Denver, Golden and communities throughout Jefferson County, Colorado.