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    guicojenna's Avatar
    guicojenna Posts: 4, Reputation: 1
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    #1

    Feb 24, 2012, 08:39 PM
    Regarding RA7610
    I am accused of child abuse. I want to know if there are instances that an accused wins the battle? Or the judge always favor the children?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 24, 2012, 09:09 PM
    The court can of course always makes mistakes, but then yes the judge will often go to protect the children. If the person is guilty or not, is based on evidence. The accused normally wins if they did not do what they are being accused of.
    guicojenna's Avatar
    guicojenna Posts: 4, Reputation: 1
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    #3

    Mar 4, 2012, 11:35 PM
    Thanks so much for the replies.. actually they have no evidence other than the child's words. I think the mother just influence the child to do so. I hope these will end soon.
    One more question: I am admitted of some but I think those were disciplinary actions since the mother abandoned the child and the child was already in my custody. And all of a sudden the mother came back and asking for financial support from the father who is my live in partner. I told the mother that the child is already in our custody and we provide them all he's needs so why is she asking for the custody and wanting support. And now she is using the child to get what she wants. Do I have a chance to win the battle??
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 5, 2012, 05:50 AM
    You have admitted to some child abuse? Is that what you are saying?

    Are you married to the father? Otherwise you have no legal standing as far as custody and support are concerned. Is there a child support Order? If not (or if there is and the circumstances have changed) the mother certainly can ask that the child be returned to her.

    I've never seen anyone convicted of child abuse in my area (NY) unless there was other testimony concerning marks, witnesses, things of that nature.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 5, 2012, 06:18 AM
    Quote Originally Posted by guicojenna View Post
    I am accused of child abuse. I want to know if there are instances that an accused wins the battle? Or the judge always favor the children?
    Hello g:

    My friend, Judy is right. However, CPS wouldn't even pursue a case unless they HAVE evidence. It looks like YOU even gave 'em some.

    Look. This is simple. You're going to need a lawyer to defend you. But, he's not going to get you off IF you did it.. He'll only get you off if you didn't. So, this isn't a matter of picking winners and losers. IT'S a matter of finding out if you're a BAD parent.

    excon
    guicojenna's Avatar
    guicojenna Posts: 4, Reputation: 1
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    #6

    Mar 6, 2012, 09:02 AM
    I am not married nor the mother is. But for me I didn't do any brutal or so violent actions. There were not bruises or medical certificate or witnesses. The father is on my side that is why I am not worried. But this is causing me so much waste of time.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Mar 6, 2012, 09:09 AM
    Hello again, g:

    I'll try this one last time... You came here looking for advice and all you've told us is that you didn't do it, and the father is on your side...

    The problem you've got is the CPS COPS think you DID do something, and they've got the POWER to do something about it. You need someone who can STOP them, and the father isn't him. You need a lawyer. Don't hire one at your own peril.

    excon
    guicojenna's Avatar
    guicojenna Posts: 4, Reputation: 1
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    #8

    Mar 6, 2012, 08:36 PM
    Hi excon,
    Thanks much for your pieces of advice.
    I've already consulted a lawyer. I told him every details. He told me that I have chances to win because there are no evidences and it happened long time ago. They just did all of these after the mother and I had a fight.

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