How to Avoid Being Falsely Accused of Child Abuse

 Reports of possible abuse are being made more frequently than ever before, possibly because of increased public awareness. A Michigan law compels certain kinds of people to make a report to Child Protective Services if they suspect abuse. These people are doctors, nurses, teachers, counselors, etc.

 Conscientious reporters often make a protective services report in order to protect children and also simply to protect themselves from being accused of failing to make a mandatory report. Once a report is made, a child protective services worker is assigned to investigate.

 Not all reports of abuse are substantiated. Sometimes, even when the reports are made in good faith, further investigation reveals that the accusations are not true. There are times when false allegations are intentionally raised in order to hurt the accused person or to put them at a disadvantage in a bitter divorce in which custody of the children is contested. If you should become the victim of false allegations, because of a report from a well-meaning source or from an embittered spouse or ex-spouse, you need to take immediate counter-action. You will need advice from and representation by experienced legal counsel – lawyers who specialize in fighting false allegations. The following tips, together with expert legal counsel, can head you in the right direction.

What You Should Do

Do avoid being with children without another adult present to prevent the possibility of false allegations. Day care workers, scout leaders, coaches, and others can be the target of false allegations. Persons in these positions can lessen the likelihood that false allegations of abuse will be proven true by having another adult present who can corroborate that no inappropriate  behavior occurred.

Do try to resolve custody disputes amicably to avoid the possibility that an angry spouse or former spouse will use false allegations in order to punish you or to obtain custody.

Do avoid conduct that could be deemed inappropriate when dealing with children. Conduct such as making sexually suggestive comments, telling dirty jokes, rough-housing, or engaging in overly aggressive horseplay can be misconstrued or used against you if false allegations are made.

Do hire an experienced attorney if false allegations are made against you. It is imperative that you consult with an attorney who knows the legal issues and system involved and who can safeguard your interests, even if you trust that the truth will prevail, or that the accuser will calm down and retract the accusations.

Do educate yourself about the subject of false allegations of child abuse if you are falsely accused. This will help you to have a greater understanding of the situation so that you can protect yourself and can work as a partner with your attorney. 

Do contact your attorney with questions and concerns. Make sure he or she is quickly notified of new developments in your situation.

Do contact friends, neighbors, co-workers, and family members who may be willing to testify on your behalf.

Do everything possible to maintain your positive relationships with your children when the allegations arise in the context of a custody dispute. You need to remember that the children are not responsible for the false allegations and resulting turmoil. False accusations can be planted in children's minds through no fault of their own. They, too, may be the victims of a malicious spouse or ex-spouse. Restrain your frustrations so that they don’t spill over into your contacts with your children.

Do appreciate that allegations of child abuse must be taken seriously and investigated. Once allegations are made, further investigation is generally necessary to protect the interests of all children, because sometimes allegations are true. Remember that an investigation needs to be completed even though you know that in your case the accusations are groundless.  Additionally, even though the accusations in your case are false, you will need an attorney to protect your rights throughout the process.

What Not To Do

Don't abuse your children, or any others, physically, emotionally, or sexually.

Don't put yourself in any unnecessary situations that could give rise to suspicion. Some situations to avoid are: accompanying children to the bathroom; helping them change clothes; or bathing them. If your job requires such activities, it is always best if another adult is present during all circumstances that could be wrongly interpreted.

Don't be passive if false accusations are raised. Take immediate action to protect your interests. 

Don't agree to an interview by law enforcement agencies without first consulting with an attorney. You are entitled to have an attorney with you during such interviews.

Don't be afraid to ask your attorney questions before retaining him or her, and as your case progresses.

Don't admit to anything you did not do, even if may seem simpler to do so. A conviction for child abuse has long-lasting, far-reaching implications. A conviction may take you away from your children for a significant period of time, or even permanently. A conviction can have an adverse effect on future employment, future relationships, and your future in general.

Don't lose your temper with the authorities involved in your case. As angry as the situation may make you, losing control could be used as evidence to support the allegations.

Don't give up. It may be the ugliest battle of your life, but overcoming and disproving false allegations of child abuse is without a doubt worth the effort.

Disclaimer

The information presented on this website is not intended to serve as a substitute for consultation with an attorney, nor is it intended to create an attorney-client relationship. Specific legal issues, concerns and conditions always require the advice of appropriate legal professional.