Child abuse is a serious problem in our nation. According to the Administration for Children and Families for the Department of Health and Human Services, in 2015, 2.98 million children in the U.S. were subjected to an investigation by Child Protective Services or another similar state department for allegations of child neglect or abuse.
Twenty percent of the allegations that CPS investigated were determined to meet the requirements of the law for abuse. In the other 80 percent of cases, CPS determined there was not enough evidence to suspect or conclude there was abuse or neglect.
When a child is involved in a child custody dispute, 36 to 55 percent of child abuse and neglect allegations have been found to be false.
What factors into false allegations of child neglect and abuse? Each state has its own definitions of what child abuse is. In Utah, if a child knows about domestic violence committed by a parent, then that can be classified as abuse.
The National Child Abuse Defense and Resource Center reported, “In most cases, the presumption is made that the injuries(s) were non-accidental and therefore must have been inflicted by someone.”
Add that to the 32 states that use the standard of “preponderance of evidence” and not the standard of “clear and convincing” evidence, and it becomes easier to see how false allegations can result in child abuse or neglect convictions.
In the last 20 years, 102 people were exonerated who had been convicted of child sex abuse. Thirty-seven of these individuals were serving life sentences. Seventy-five percent of the convictions were based on perjury or a false accusation, while 66 percent were convicted when the alleged abuse had been fabricated.
Those facing charges for child abuse and neglect need a strong defense team to delve into the case to find the truth. Experienced criminal defense attorneys can provide more information on how to fight such charges.
Defending Against Domestic Violence Accusations in Utah
Call Greg S. Law, at 801-261-6228 local or 888-784-3554 toll free.
Whether you have been falsely accused of domestic violence or the alleged victim wants the charges dropped and is refusing to cooperate with the prosecutor, don’t assume that your situation is not serious, or that it will all work out somehow, or that you can handle it yourself.
The prosecutor is not your friend. He or she wants convictions and revenue from fines. Do not be fooled into thinking the prosecutor cares about your rights or your future.
Let our attorneys fight these charges on your behalf. For more information, call or contact us online for a free initial consultation with a lawyer. We are available for evening and weekend appointments, and we accept major credit cards.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below.
Greg S. Law, provides aggressive criminal defense representation in the Salt Lake City area and throughout the state of Utah, including cities such as Ogden, Provo, Park City, Sandy, Orem, Heber, Vernal, Duchesne, Roosevelt, Tooele, West Valley City, West Jordan, Kearns, Murray, Cottonwood Heights, Layton, Kaysville, Farmington, Centerville, Bountiful, Price, Moab, Cedar City and St. George. Salt Lake County ∙ Davis County ∙ Weber County ∙ Utah County ∙ Summit County (UT)