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I need to prove that the bruise on childs cheek was accidental and the only incident.

Boynton Beach, FL |

They informed me today that DCF had the report made on Fri and that today they spoke to my child and wouldn't be allowing me to get her until the hearing. I have the support of my ex husband and his wife and a friend of mine as well as my current live in boyfriend (however allegations were made against him as well) ... would it help if they spoke or wrote in court? what are my rights and what actions should I take to prove these allegations are totally false.

my live in boyfriend was the witness and I do have a friend of the family to write a letter to submit in regaurds to these allegations. but I don't know HOW to prove it. My daughter had told the police the night before that indeed was an accident but I don't know what she told the case worker.. also should I bring people who could testify on my behalf who has witnessed me over the years? my daughter is 7 years of age so doubt she will be there. tomorrow is the "shelter" hearing? was hoping to resolve this tomorrow but seems unlikely? (( also in concerns to my witness his name was mentioned in allegations but It was brought to me tht there wasn't much concern so hopefully they debunk those allegations being he was present when the incident occurred. how long does it take to go to trial ?

Attorney Answers 3


  1. Hire an attorney--that is what you should do.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  2. You need to speak to an attorney so that you can learn exactly what your rights are and help you prove that you didn't harm your child. You didn't explain how you can prove this, and you didn't say that you have any witnesses, but be sure that, before DCF brings a case against you, they will be certain they can prove you harmed your child. For instance, they'll have a doctor to testify that there is a fist print on the child's cheek or that you knew of the harm and didn't take your child to a doctor. They may have x-rays and other evidence. You may be entitled to have a lawyer appointed.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  3. The scope of your questions is outside of the purpose of this forum - you need to be getting in touch directly with a local attorney to discuss this matter more in depth.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.