Falsely Accused of Child Abuse? Advice from a former D.A.

More info at http://www.shouselaw.com/domestic-violence273d.html A former D.A. discusses California child abuse laws found in Penal Code 273d PC. It’s very common for innocent adults to get falsely accused of this crime.

California Penal Code 273d pc punishes corporal injury or punishment on a child…more commonly referred to as child abuse. Although the umbrella of California child abuse laws encompasses neglect as well as physical, sexual, and emotional abuse, this law specifically deals with physical abuse directed at a minor.

Penal Code 273d pc is a “wobbler”, which means that depending on (1) the facts of your specific case, and (2) your criminal history, it may be charged as a misdemeanor or a felony.

Parents in California do have the right and discretion to punish and discipline their children as they see fit, and this can include the use of corporal punishment such as spankings. But if the child suffers injury, the case can be prosecuted under California’s child abuse laws.

A good criminal defense lawyer can often get the charges reduced or dismissed. We invite you to contact our law firm to discuss your case further. We have local offices throughout California, including Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Orange County, Long Beach, San Jose, Oakland and the San Francisco Bay Area.
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For more info: http://www.shouselaw.com/domestic-violence273a.html
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10 thoughts on “Falsely Accused of Child Abuse? Advice from a former D.A.”

  1. You left out the most common false allegation of child abuse – from a girlfriend or wife trying to get your house and kids and you in jail.

  2. CPS and two officers came to my house Thursday. That would be June 6th 2019 and took me out of my home, well they didn't take me, but told me that I had to leave and could have no contact with my children. They said an anonymous tip was given to them that I was watching nudity in front of my children and at times sticking my hand down my pants. Now this had to come from my ex-wife. I have a daughter with her who comes down every other weekend and then goes back. It had to come from her because no one comes to our house. We don't hang out with anybody and my wife is a convicted sex offender. Something that didn't come about until she and I had been together for a year and the supposed event happened a year before we got together involving a 14 year old babysitter that she had whom would say a little flirtatious things to her on occasion and she didn't think anything of it and would just laugh it off until it became uncomfortable for her and she had to fire him. Well the boy got older and felt like a man and was getting into an argument with his dad in front of his girlfriend. The Boy's dad said you're not a man and the boy said I am to a man. I've had sex with a woman and that's where it went from there. I know my wife. I know her heart. That's just not the person she is. Anyway so there is that. Plus I have a pretty extensive criminal background from 2013 down and I haven't been in any trouble since then and nothing to do with any misconduct with a child. I haven't been able to pay child support for the last month of May and now this month of June because I've been out of work due to a sciatic nerve injury at work. Last time that I got behind on child support my father had died and at the funeral home, at his funeral, my ex-wife calls and starts a fight with me knowing that I'm at my dad's funeral, about money. Well the closest thing to putting my hand in my pants around my kids, Is I'm a heavy-set guy now due to my back and not being active or able to work and I get chafed and I'm in my home when this flares up i wearing boxers and I have to readjust myself due to the chafing. I'm not standing right in front of their face doing it. I'll be sitting on the couch or walking through the kitchen and when I have to adjust myself, I do. I don't even feel like I have to explain this. It's so Preposterous and ridiculous. The closest thing to nudity on the TV, let me break in here real quick. I remember growing up as a child and when something inappropriate came on the television, our parents would cover our eyes or tell us to cover our eyes or tell us to cover our eyes and cover our eyes themselves over our hands or tell us to look away. That being said when all of my children are asleep, when everyone is asleep I watch YouTube videos and the explicit rap videos and rock videos show breasts in them from time to time. One of my sons had woken up one night and seen it to which I backed out of it immediately and that was the end of it. That would be the closest thing besides telling them to walk out of the room or turn your head if we're watching a movie like Baywatch in which Dwayne Johnson The Rock is having Zac Efron lift up the man's testicles and look at his taint. I know that my ex-wife is coaching my daughter. The worst thing about that to me is that if this sticks somehow, my daughter is going to grow up with an unneeded crutch in life and it will give her a different outlook on life. She's going to feel like a victim to something that never happened and this Will negatively shape who she becomes. That's not cool and that's not fair. Of course I don't know definitively that it was her, but if it was her and she thought that anyone was doing anything inappropriate with a child of hers, she, like a normal parent would call the police. Instead, she calls cps knowing that I can't file false accusation charges on her if its through cps and not 911. Anyway so there's that. Now my wife can't work her 2 part time jobs because im not there to watch her kids and we can't afford a baby sitter and the ones we can afford I don't want due to how little they are willing to take. It just doesn't seem safe to me. If this goes the wro g way, we can't afford an attorney. I won't get a lawyer who cares about the truth, my kids or my family. We really need help. We are in central Texas. Please help us.

  3. I am an 11 year old girl I don't know what my mother does to me is child abuse or if it a way of punishment for me being an ignorant selfish child
    She whipped me with a belt 2 times
    She grabbed a chunk of my hair and thrashed me around the kitchen floor MANY times there are bruises on my scalp
    But I know for a FACT that there is such thing as emotional abuse and this has and still is happening to me
    She has called me a moron, that I have a f#%king ugly face, that I'm never going to go anywhere in life, idiot, bi%ch, stupid,
    I need to know if she is physically abiding me so I can inform somebody or if she isn't and she is able to continue treating me like this it is legal
    11/12/17
    ,

  4. When I was 18 months old my mother accidentally dropped while my parents played with me. I fell about 6 inches onto carpet and suffered a simple fracture of my right tibia. Of course they rushed me to the hospital where the medical staff refused to believe the story of how my leg was broken. The police were called and my parents were separated and interviewed.
      While this was happening an orthopedic surgeon who did NOT work in the ER happened to choose that time to come to the ER to visit with friend of his (an appointment had been canceled). This doctor was one of the best in the country in his field at the time. After he saw me he knew right away what had happened. I had a birth defect that had caused part of the bone to die, which was why it broke so easily. Several attempts were made to correct this problem but it was finally decided to amputate about a week after my 3rd birthday.
      All of this happened in June 1971 to Jan 1973, before CPS even existed. My parents went through HELL over the next year and a half and they hadn't done anything wrong. How much worse would it have been if CPS had been involved?

  5. In other words, don't listen to children, they make up child abuse because they wanna be assholes. What if that child is actually being abused and you just brush it off? This is the ignorance that gets children killed by their abusers EVERYDAY. LISTEN when a child says they're being abused. I was abused. No one listened. I lived in a hell I could not escape. Fuck you. Dick.

  6. How much time do you get for CP 273a the person had a warrant cops took him for a warrant found him smoking methamphetamines with children inside the same room. Will that P.O.S. get jail time? And if so, how much jail time?

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