Even though you may not have been criminally charged, your spouse, partner or another member of your household can accuse you of sexual abuse of a child. Allegations may surface when your relationship is troubled and emotions are running high. These accusations, which are civil in nature, have legal consequences.
False accusations of child sex abuse can be used as a tool to gain advantage in child custody or divorce proceedings. The allegations can be made out of anger or spite, or as an act of retribution for a perceived wrong.
In some instances, you will be immediately charged with a crime. In other cases, administrative hearings may be held or family court proceedings convened to determine whether to remove your child from your household and place him or her in foster case.
Your spouse may seek a temporary restraining order against you. If a restraining order is issued, you will not be able to return to your home, even to get your clothes and personal items. All contact with your spouse or children will be cut off. You will be disadvantaged in divorce or custody proceedings. If convicted of violating a protective order, you will be deprived or your right to own a firearm.
Damage That Can’t Be Undone
Accusations are easy to make in the heat of an argument, but in many states they are virtually impossible to retract, even if the accuser decides not to press charges. Because true victims of domestic violence often recant their reports of abuse, authorities assume all allegations of sexual assault and domestic violence within a family setting are legitimate. Once again, the accused faces the challenge of being guilty until proven innocent.
Our expertise is invaluable in both criminal and civil proceedings. We will arrange a free consultation, provide case assessment and represent you at an administrative hearing to protect you and your children.