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How to Overcome Being Falsely Accused of Child Abuse During Child Custody Case

San Diego, CA – In some child custody cases, it’s not uncommon for one parent to falsely accuse the other of child abuse to gain the upper hand. This leaves the accused parent in a very difficult situation, and overcoming the abuse claims is not always easy.

Child abuse and child custody cases

Child CustodySan Diego divorce attorney John Griffith of Griffith, Young, and Lass says that anyone wrongly accused of child abuse must first understand the accusations against them. Child abuse is a very serious crime, and it could put a child custody agreement in jeopardy.

Griffith says, “According to California Penal Code Section 273, child abuse could lead to a conviction of the charge of child endangerment if you cause physical or mental pain to a child, cause a child in your care to be injured, or you cause a child to be placed in a dangerous situation.”

A person convicted of child endangerment could lose physical or legal custody of a child in addition to criminal punishment. Griffith says that a misdemeanor child endangerment conviction could be punishable by up to six months in jail, while a felony conviction could be punishable by up to two, four or six years in prison.

Griffith says, “Even if the person is not convicted, the mere allegations of child abuse could lead to a restraining or protective order, and this could impact your custody case.”
What do you do if a protective or restraining order is granted?

Griffith suggests that the accused abide by the terms of the order no matter how unfair the situation may seem, then contact a skilled and experienced family law attorney.

An experienced attorney can help the accused gather all the necessary information to prove the child abuse claims as false. This includes collecting the dates on which the abuse is to have taken place, and any information about the accused’s whereabouts during those times. Other pertinent pieces of information could include text messages, receipts, and witness testimony.

“If you have been accused of child abuse, it is important that you speak to an experienced California family law attorney right away so that you can disprove the accusations against you,” Griffith says.

To learn more about defending yourself against false accusations of child abuse during a child custody case, contact John Griffith at Griffith, Young, and Lass serving San Diego, Leucadia, and Del Mar.

About Us: Griffith, Young, and Lass is a California divorce and family law firm also serving Leucadia and Del Mar. Compassionate, experienced and aggressive, the family law attorneys at GYL will fight to get you the best possible outcome for your case.

© 2016 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

One thought on “How to Overcome Being Falsely Accused of Child Abuse During Child Custody Case

  1. Useful info. Fortunate me I discovered your website
    by accident, and I am stunned why this twist of fate didn’t took place
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Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.


Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.


Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.


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The Typical Divorce Process in California
Discovery of Assets & Obligations (1-3 months)
1 Complaint for Divorce Filed Start of litigation
2 Complaint is Served Varies, but usually shortly after the complaint is filed
3 Answer to Complaint Due 30 days from the date of service
4 Mediation Anytime, but usually after initial discovery
5 Temporary Hearing Usually early in the process
6 Late Case Evaluation / Judicial Hosted Settlement Conference Usually near the end of the case
7 Trial (If Needed) The goal is to settle, but if your case goes to trial, it could take months after the start of litigation.
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