Ft. Lauderdale Child Abuse Lawyer 

Children are vulnerable members of society who depend on adults to care for them. People are generally allowed to parent in whatever style they choose but, when an adult who is supposed to care for them hurts them, the law gets involved.

Child abuse charges carry significant penalties and the charges can also have damaging effects on your reputation. A skilled domestic violence attorney can look at the existing facts of your case, and build a solid defense. If you have been charged with violence against your child, get in touch with a Ft. Lauderdale child abuse lawyer who can fight for you.

What Constitutes Child Abuse?

Child abuse is governed by four statutes and is defined as any willful act or threatened act that results in physical, mental, or sexual injury or harm that causes or is likely to cause a child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child can include acts, omissions, or corporal discipline of a child by a parent or a legal custodian for disciplinary purposes that does not in and of itself constitute abuse when it does not result in harm to a child.

Child neglect occurs when a child is deprived of or is allowed to be deprived of necessary food, clothing, shelter, or medical treatment under state law. The child is permitted to live in an environment where deprivation or the environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. A lawyer in Fort Lauderdale could review your child abuse case and determine how to best proceed based on the circumstances.

What Happens After Child Abuse is Reported

After an instance of child abuse is reported, two different state agencies can get involved. The Department of Children and Families and Child Protective Services can investigate any complaint they receive. Often, there are complaints called into the Florida Abuse Hotline which anyone can use to report suspected abuse, neglect, or abandonment.

These cases are referred to the Department of Children and Families. When there is any injury involved, local law enforcement is assigned to the case to do a criminal investigation as well. Depending on the nature and extent of the reports, there could be an investigation by the Department of Children and Families and criminal investigation conducted by a local law enforcement agency.

Potential Short-Term Criminal Consequences

When law enforcement establishes probable cause, the criminal consequences the individual faces are arrest for child abuse or aggravated abuse. This offense is the intentional infliction of physical or mental injury upon a child or an intentional act that can reasonably be expected to result in a physical or mental injury on a child. Ft. Lauderdale lawyer.

Aggravated child abuse means aggravated battery on a child, torturing, malicious punishment, and willful or unlawful caging of a child. When law enforcement establishes probable cause for any of those acts, they could subject an individual to an arrest for child abuse.

Long-Term Consequences Associated With Convictions

The stigma associated with a child abuse conviction is the main long-term consequence. If somebody is found guilty or sentenced for this kind of charge, there are lengthy periods of incarceration, probation, or supervision. There are also issues of child custody and child visitation. The stigma extends to the damage to an individual’s reputation and potential loss of parental rights.

Parental rights may be affected resulting in issues of supervised visitation of the child. The long-term consequences of these cases include employment issues, immigration issues, and the general issues an individual has with any criminal case. Additionally, these charges can affect a parent’s rights and ability to have contact or visitation with the child in a domestic type of situation. A Ft. Lauderdale attorney could help someone mitigate the short or long-term consequences of a child abuse charge.

Injunctions and Child Abuse Allegations

In some child abuse cases, the legal issues extend beyond a criminal investigation. Allegations involving a child can sometimes lead to requests for an Injunction, particularly when another parent, guardian, or family member believes immediate Court intervention is necessary. An Injunction can impose restrictions on where a person may go, who they may contact, and whether they may have any contact with the child involved.

The consequences of an Injunction can be significant. A temporary Injunction may be entered before the Defendant has an opportunity to fully present their side of the story. Once issued, the Injunction can affect parenting schedules, custody arrangements, school activities, and communication with family members. In some situations, a Defendant may be ordered to stay away from a residence or avoid contact with certain individuals until the Court conducts a hearing.

Even before a criminal case reaches a resolution, an Injunction proceeding may move forward on a separate track. Because the burden of proof in an Injunction matter differs from the burden of proof in a criminal case, a person can face significant restrictions even when criminal allegations have not resulted in a conviction. Statements made during an Injunction hearing may also create issues that affect an ongoing criminal case.

Evidence presented in support of an Injunction may include witness testimony, text messages, photographs, medical records, school reports, or statements made during the course of an investigation. What may appear to be a temporary family dispute can quickly become a legal matter with long-term implications. For that reason, preparing for an Injunction hearing requires careful consideration of both the immediate allegations and the broader impact on any related criminal proceedings.

For that reason, it is important to carefully evaluate both proceedings rather than treating them as unrelated matters. At Leifert & Leifert, one of our child abuse lawyers in Ft. Lauderdale can review the allegations, explain how an Injunction may affect your rights, and develop a strategy designed to protect your interests in both the criminal and civil arenas.

The Importance of Taking Immediate Action

Many people assume they should wait until formal charges are filed before speaking with an Attorney. In child abuse investigations, valuable opportunities may exist long before an arrest occurs. Law Enforcement Officers, the Department of Children and Families, witnesses, and other parties may be gathering information and making decisions that shape the direction of the case.

Early involvement by Leifert & Leifert can help identify weaknesses in the allegations, preserve favorable evidence, and prevent misunderstandings from becoming accepted as fact. In some situations, prompt intervention may help provide context or information that investigators did not previously have.

Timing can be especially important when witness memories are still fresh and relevant records remain readily available. Text messages, emails, social media communications, photographs, medical records, and other documents may become important pieces of evidence. Delays can make it more difficult to locate witnesses or preserve information that may support the Defendant’s position.

Immediate action can also help a Defendant avoid mistakes that unintentionally complicate the situation. People facing allegations sometimes attempt to explain their side of the story directly to investigators, family members, or other involved parties without fully understanding how those statements may later be interpreted. What seems like an innocent explanation can become evidence in a criminal case. Obtaining legal guidance early can help a Defendant make informed decisions during a stressful and uncertain time.

Taking immediate action is also important because child abuse allegations can affect multiple areas of a person’s life at the same time. Questions involving parental rights, visitation, employment, professional licensing, and reputation may arise well before a case reaches a final resolution. The earlier a Defendant understands the issues involved, the more time there may be to develop an effective response and work toward the best result possible.

Leifert & Leifert offers a free initial consultation and case review for individuals facing child abuse allegations. One of our Ft. Lauderdale lawyers can evaluate the facts, explain the potential consequences, and fight on your behalf from the earliest stages of the child abuse case.

How Criminal and Civil Cases Can Impact Each Other

Criminal cases involving child abuse can affect child custody and child visitation. The standard of proof in a criminal case is higher than a civil case. In a civil case involving child custody where the court learns of criminal allegations or criminal convictions, those charges can be used in a civil case as evidence of proof that there are parenting issues. They could affect parental rights and/or child visitations.

There should not be any effect of a civil case involving child abuse in a criminal case because of the standard of proof much lower in a civil case. However, an individual should know that in a civil case, anything the individual testifies can be used against them in a criminal case. Unfortunately, when there are criminal allegations pending and a civil case is ongoing, some civil cases are not suspended or stayed. An individual involved in a civil case who has criminal allegations ongoing must be careful as to how they testify and what they say because their testimony in the civil case can be used against them in a criminal case involving child abuse. A lawyer in Ft. Lauderdale could guide someone through the civil and criminal process following child abuse charges.

Reach out to a Ft. Lauderdale Child Abuse Attorney

Allegations of violence against a child are taken seriously by law enforcement and the state. They are vigorously investigated, so the sooner a Ft. Lauderdale child abuse lawyer is involved, the better. An attorney can intervene in the investigation and steer it in a different direction that avoids an arrest or charges. An accomplished attorney can help secure a reasonable bond and release and build a defense against the child abuse allegations or complaints. The defense can also try to protect you from serving lengthy jail sentences and can attempt to mitigate charges and penalties you face.