QUESTION
Can I press charges for being accused of domestic violence?
Asked on Oct 19th, 2013 on Criminal Law - Idaho
More details to this question:
My two boys were playing at home running around with a blanket taking turns spinning around in it one of my boys fell and hit the wooden table really hard face first. He hit his nose and eye so we rush him to the hospital they did x-rays and said everything is fine. No broken nose. The only thing is his nose and eyes are going to be swollen for a couple of days and it will go away on its own. Next day he went to school and I gave the nurse the discharge papers saying what happened and everything. The following day my kids were questioned by cps they took pictures of them as well and I received a call by cps wanting to speak with me. Well the school filed a report for domestic violence against me and I felt very offended by this I did not do anything my kids were playing around and now I have a case of domestic violence. What actions can I take?
8 ANSWERS
Ronald A. Steinberg
You can take no action. You can merely defend the domestic violence claim.
Answered on Oct 22nd, 2013 at 1:39 PM
There is nothing you can do. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. You need to hire a lawyer before you forget you have the right to remain silent and cop yourself out. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Oct 21st, 2013 at 5:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Defend yourself and find a new school. Welcome to the Obama control education system.
Answered on Oct 21st, 2013 at 5:03 PM
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In Louisiana there is no civil liability for someone who turns in a referral to Child Protection Services. This is because of the public policy favoring the protection of children who may be in harm's way. Child Protection Services will investigate and if they find that you have not done anything, will dismiss the claim. It may be that if someone files repeated, demonstrably or knowingly false claims that a cause of action could arise-meaning that someone who is a victim of repeated false claims that they may have a lawsuit. Should you continue to be the target of repeated, false claims, please do not hesitate to call.
Answered on Oct 21st, 2013 at 2:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A little difficult to tell exactly what is going on here, the information is sketchy. Very often, an abusive parent will make up a story to explain the injuries of a child. Schools are required to report suspicions of abuse. The job of the police is to follow up on reports sent to them. When you say "now I have a case of domestic violence" does that mean that charges were actually filed against you? If that is so, you have a lot more to worry about than whether you can sue the school. Even if the case against you is dismissed, the school will be off the hook if they can claim the report was made in good faith.
Answered on Oct 21st, 2013 at 12:58 PM
Hire counsel. Discuss the case with no one until you speak to counsel. Follow counsel's advice.
Answered on Oct 21st, 2013 at 12:45 PM
School facility is required by California law to report any possible child abuse to CPS. The school nurse did as she was required. You do not have legal recourse against her or the school.
Answered on Oct 21st, 2013 at 12:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You tell the truth and thank the school officials for caring. Yes, this is an accident and more than likely CPS will close the case. But think about those children who are beaten and nobody does anything. You are lucky that you have a school that cares about its children and their safety.
Answered on Oct 21st, 2013 at 12:29 PM