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I have been wrongly accused of abuse, what should I do?

Montebello, CA |

My husband's ex is accusing me of abusing my step daughter who is five years old, she is also saying that I did it. I am being investigated and social services is getting involved. I am a preschool teacher and have much experience with children. Both of my step children love me and I believe their mother is just trying to alienate them from their father and myself. She is really hurting the children because they have siblings here whom they love very much and now they cannot see eachother

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Attorney answers 2


CPS will conduct an investigation and, hopefully, conclude that the complaint is not justified. In terms of hitting back at your husband's ex, a cease and desist letter from a lawyer might go a long way. Accusing someone of a crime like child abuse is defamatory per se and you could sue her in civil court. Although, monetary recovery is very low in such cases and could just destroy whatever relationship you do have with her...

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


Be very, very careful here.

If CPS and/or law enforcement get involved, get a lawyer immediately. In fact, you may want to consult face to face with a good local criminal defense attorney since you've been accused and an investigation is starting.

Even if no criminal charges are filed, CPS may report you to the Child Abuse Index if their findings are 'substantiated' or even inconclusive. That will absolutely destroy your ability to teach or be around children.

Start looking for the best criminal defense attorney around. Look for somebody that practices in the courthouse where this case would be heard, should it get filed. Make sure they are familiar with the CACI as well.

In the mean time, make absolutely NO statements about this to anyone. Not the police, not CPS ... nobody. Assume that every phone call is being recorded, every text and email are going straight to the police. Say NOTHING.

The ONLY person you should be speaking to about this is your lawyer in a confidential setting.

Get yourself cleared of this and then focus on any civil allegations for the false accusation.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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