When an individual is accused of child abuse they may feel confused and scared. Many individuals are falsely accused of subjecting a child to abuse or neglect. In situations such as this, it is essential that an individual locate a child abuse lawyer that they trust to represent their case. They may face extremely serious charges. For example, an individual who is responsible for exposing a child to abuse may face a felony charge. These charges will remain on an individual’s record for a long period of time. It will follow them for the rest of their lives and may prevent them from being permitted to work in specific jobs or locations.
The alleged offender is not the only individual who needs to have representation in a child abuse case. Many states require that a child be provided with assistance from an individual who will be able to represent the child's desires and their best interests. This individual will be required to provide the court with recommendations regarding what will be best for the child.
Charges
Individuals who are accused of subjecting a child to physical abuse, sexual abuse, emotional abuse, or neglect must undergo an extremely thorough legal process in order to determine whether or not they are responsible for the alleged abuse. Child abuse can be tried in either a civil court or a criminal court.
The charges that an individual will face for their behavior and their actions will depend on the State in which they reside. Each State is responsible for determining what actions and behaviors constitute what type of charge, as well as what class of charge. An individual who is responsible for subjecting a child to abuse may face one of two charges. They will either be charged with a misdemeanor or a felony. The charge will often depend on the type of abuse that was inflicted upon a child, as well as the severity of the abuse.
Within each of these types of charges, there are varying classes, which delineate the severity of the charge. Each State is responsible for determining the punishment that an individual will receive if they are convicted of either of these charges. The punishment will vary based on the charge, as well as the class of the charge.
Attorneys
Thousands of individuals face child abuse allegations every year, and many times these accusations are false. Child abuse is an extremely severe crime. Individuals who are convicted of child abuse may be forced to pay extensive fines or they may have to serve numerous years in prison. A child abuse charge will follow an individual for the rest of his/her life. Therefore, it is essential that an individual who is facing a child abuse allegation locate a child abuse attorney.
A child abuse attorney will have a great deal of experience dealing with similar cases and they will have become accustomed to being around and speaking with children. An attorney who specializes in child abuse will be familiar with the court proceedings and will know what to expect during a child abuse case. They will also know a few tips and tricks that will help ensure that an individual who is being tried for child abuse will receive a fair trial.
Families who have experienced child abuse will need to find a successful prosecutor so that they may make an effective case against the individual who is responsible for subjecting a child to abuse. Many associations have been developed in order to increase the efficiency and success of prosecuting attorneys in child abuse cases.
Implications of Indictment
Child abuse is a very serious allegation and an individual who has been accused of child abuse may experience long term negative consequences of this accusation. Individuals who have exposed a child to sexual abuse, physical abuse, emotional abuse, or neglect may not be able to be trusted with children. These individuals are generally not concerned with the safety and the well-being of a child. Therefore, an individual who has been convicted of child abuse may have his/her children removed from their house and placed in the foster care system. This is done for the safety and the protection of the child.
If an individual's friends or relatives become aware that the individual has been accused of child neglect, they may no longer trust that individual to be around or spend time with their children. Child abuse allegations may cause a person who has been convicted of abuse to become estranged from his/her family or friends.
An individual who has inflicted abuse upon a child will not be able to work in a job in which they will have contact with children. A child abuse offense will stay on an individual's record for a long time and may continue to be detrimental to an individual's future for the rest of their life.
Representation of Child in Legal Proceedings
It is extremely important that a child who is involved in a child abuse case have someone to represent their wishes and their best interests. Therefore, many states have instituted policies in which a child must be appointed with a guardian ad litem, an attorney, or a court-appointed special advocate. Many states require that a child have access to a combination of these professionals in order to ensure their well-being and protection.
An individual who is responsible for representing a child in a child abuse case will often be required to undergo formal training or attend educational programs in order to ensure that they have obtained all of the knowledge that they will require in order to adequately represent a child. A guardian ad litem will often be responsible for carrying out investigations and interviews in order to determine what the child has experienced, as well as what the best action for the child would be. These professionals are required to provide the court with suggestions about what will be best for the child and the child's future.