Sex Abuse, Molestation, and Persons Falsely Accused Can All Be Victims

As in all states, the issues involving sex abuse, sexual battery and molestation affect many people. Florida with its diverse tourist, student and resident populations has these injuries and crimes occur far too regularly. In Hillsborough County these incidents require prosecution and defenses, both criminally and in civil litigation.

Sexual battery is the term most often used in cases involving sexual abuse and molestation. These crimes and injuries are prevalent in the United States. There is another kind of injury, that arising from false accusations, unfortunately. Sexual abuse and molestation are assaults under the law and are dealt with as assault crimes as well as torts in civil litigation cases. Because of the nature of these acts and the charges they bring, there is great emotional damage in its wake, especially for victims. Civil damages, when possible to attain, can mitigate and make whole the wrongs that have been done for victims and their loved ones.

Even locally there are incidents of abuse and molestation that are quite surprising. One of these incidents has included a child under the age of 10 molesting another child. It was perpetrated by a relative under the age of 10 years old. In another case reported in local Tampa area involved a step father who improperly interacted with his step daughter. Cases abound like these and are devastating to the victim and the molester for obvious reasons. The statistics are enlightening. The victim must be protected and made whole from the incident, which can sometimes take years. Civil damages, in addition to criminal charges, can help the victim put their life back together.

In cases that involve false accusations it harms everyone, especially the person falsely accused. The insinuation that one has committed a crime of this nature may never be fully remedied. When one is falsely accused one can be damaged as severely as any other victim of a crime. The causes of a false accusation can arise from an accuser's uncontrolled fears, their retaliation for some act or non action plus a myriad of other reasons. These may be the basis and cause to bring civil proceedings in recovering from the emotional and mental damage and injury to ones reputation and career.

In regards to the signs of molestation and sexual abuse they can manifest as a change in a child's behavior, such as fearfulness, mood swings and withdrawal, to name only a few. There is a large list of warning signs and behaviors that professional assistance through a trained therapist can determine. These signs may have other explanations and need to be carefully dealt with. Seek professional assistance if you suspect something has occurred. Once determined there may be enough evidence to bring criminal charges.

Sometimes there is only the possibility of bringing justice through a civil action. This is when you need to consult qualified lawyers who are knowledgeable in these areas of the law. The Tampa injury lawyers can assess the recovery possibilities, then help restore and repair damage that has occurred for you or a loved one. There are specific time limitations for filing civil actions regarding accidents and injuries.

Michael R. Herron Esq. is a Former Prosecutor, a Gulf War Veteran and an Experienced Trial Attorney who practices Personal Injury Law and Motor Vehicle Accident Law in the Tampa, Florida area. He has handled in excess of 5,000 cases, 60+ Jury Trials, and 250+ Judge Trials. Michael can be reached at http://www.injurytampa.com.

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Divorce and Child Abuse

Marriages may break down for several reasons. The couple's finances may be in shambles, one spouse may have cheated on the other, or the spouses just may not get along anymore. Another leading cause of divorce is abuse.

Though spousal abuse is often thought of as the only type of abuse that leads to divorce, this is not the case. In fact, when a couple has children, they may become the targets of aggression. Child abuse is a serious offense and is punishable by law.

When one spouse is abusing the married couple's children, the other spouse may not know about it. Though the other spouse may have suspicions about child abuse, he or she may not be able to get the children to admit to any abuse, as children are often threatened by their abuser.

When your children are being abused, there are usually some telltale signs that indicate some sort of foul play. If you think your spouse is abusing your children, look out for the following signs:

Your children are unexpectedly doing worse in school

• Your children experience a sudden, inexplicable change in behavior
  
  


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  Your children seem distant or unemotional
  
  


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  Your children have signs of physical abuse, such as bruises

Any of these signs may indicate abuse. If you suspect abuse and have witnessed some of these signs in your children, you may want to confront your spouse or call the police. If your children are in danger, you are responsible for ending that danger.

When spouses do find out that their significant other is abusing the children, it often becomes a point of contention and for good reason. The offending spouse may face criminal charges, and the innocent spouse may want to file for divorce to ensure the safety of his or her children.

If you do decide to press charges against your spouse and file for divorce, it is important to hire an experienced divorce attorney to handle your case. Though you will likely receive custody of your children, there may be other matters to settle before the divorce is granted.

If your spouse abused your children and you now want to file for a divorce, let the Austin divorce attorneys of Slater Kennon & Jameson, LLP handle the legal aspects of your case while you tend to your personal matters

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What You Need to Know About Your Child Abuse Case

Child abuse can be a very complicated issue no matter who is involved in it. Understanding a case such as this can be hard to do unless you are well informed in all the procedures that will take place once the arrest has been made. If you are arrested for a charge such as this, there are many things that will take place after the arrest has been made that you need to be well informed about.

The first thing that you should understand is the legal definition of child abuse In Texas, child abuse is defined as the physical, psychological, or sexual mistreatment of any child no matter what the circumstances are. If you are involved in a child abuse case, you need to know what type of child abuse charges that they are giving you. There are three different types of child abuse as stated before. Physical abuse is usually defined as the abuse to a child which involves neglect and beating or hitting the child in any way. Some people believe that if there isn't a bruise then it wasn't child abuse but that is not the case. Physical abuse can also include hurting a child through the use of fire, ice, chemicals, or any physical object that is used to cause harm to the child in question.

The next type of child abuse is psychological abuse which happens to be the most common type of abuse for children. This type of abuse is defined as any type of behavior that will cause psychological or emotional harm to the child that is involved. Psychological abuse can include yelling, demeaning, name calling, and verbal humiliation of a child which causes emotional stress and harm to that child This is one of the hardest types of abuse to prove because you never see any physical scars on the child that is being abused.

The last type of abuse is sexual abuse to a child Sexual abuse is defined as any sexual act that is forced upon or done to a child by an adult or person in their upper teenage years. This type of abuse can include anything from exposure of adult genitals to a child to forcing a child to be involved in any type of sexual activity. Usually this type of abuse comes with larger penalties because of the severity that usually comes with these types of situations.

With all three types of abuse you need to be aware of what the penalties are for each case. You should also speak with your lawyer about the details of your case to make sure that everyone is well informed and can handle everything as quickly as possible.

If you or someone you know needs help in a criminal case such as this, contact Attorneys and Lawyers for You to find a criminal attorney near you at http://www.attorneysandlawyers4you.com
Joseph Devine

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Jesus has brought you, Leah Ward Sears all the way and He has "Greater works For You, today Justice Leah Ward Sears. He is such a wonderful saviour and we have never known Him to Fail... Bless You, Haskell and your family from Griffin, Georgia. Let's send some praise out my face book family of Ward's, Felker's, Culver's, Sand's, Felker's, Cater's, Henry's, Jone's ( most of the families last names) and our great church families. marywardcater@aol.com face book and twitter marywardcater@gmail.com face book Bless You and Your accomplishments!!! ****** Leah Ward Sears is the former Chief Justice of the Georgia Supreme Court. She served on the court since 1992 when she was first appointed by then-governor Zell Miller, a Democrat. Sears became the court's chief justice in June 2005. She retired from the court in June 2009. [1] After Sears' final day on the court, Carol Hunstein was elevated to serve as chief justice. In August of 2009, Sears will begin a one-year fellowship with the William Thomas Sears Distinguished Fellow in Family Law for the Institute for American Values. The fellowship is named for her brother who died in 2007 after returning from service in the Middle East. Sears will teach a seminar, "Contemporary Issues in Family Law," at the University of Georgia Law School while on her fellowship. In October of 2009, Sears will begin working in the Atlanta offices of legal firm Schiff Hardin. [2] Justice Sears has been mentioned as a possible Barack Obama nominee to ...



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Los Angeles Divorce: Los Angeles Child Custody Mediation

When parents separate or divorce in Los Angeles California and child custody is contested, the parties can attend child custody mediation in Los Angeles County to sort out their disagreements regarding child custody and visitation. Child custody mediation in Los Angeles County is a form of alternative dispute resolution that may be scheduled by appointment with the Los Angeles County Family Court Services mediation or Conciliation Courts.

In a contested child custody matter in Los Angeles, child custody mediation is required before the parties can have a litigated hearing in the Los Angeles family court. In other words, the parties must first attempt to sort out their child custody and visitation disagreements through child custody mediation in Los Angeles before a Los Angeles Superior Court judge or commissioner will hear the child custody dispute in a litigated hearing.

Typically in child custody mediation, both parents are asked to complete a child custody mediation information intake form. The intake form can help the Los Angeles mediator learn more about the child custody and visitation issues being disputed before meeting with the parents. The mediator may meet with the parents together or individually and will typically facilitate the discussion in attempts to help the parents resolve their disputes. In child custody mediation, the parties may resolve all, some, or none of the child custody issues being disputed.

In Los Angeles County mediation is confidential, which means the mediator will not report to the court what was discussed in mediation. Mediators may report to the court a signed mutual agreement which has been mutually accepted by both parties. Mediators may recommend a child custody evaluation or investigation or that an attorney be appointed to represent the child. Los Angeles County mediators are mandated reporters of child abuse, which means they are required to report suspicion of child abuse to Child Protective Services or CPS.

California Family Code section 3170-3173 describes the availability of child custody mediation and addresses child custody and visitation disputes involving modifications, domestic violence, adoptions, paternity, and stepparent and grandparent petitions. California Family Code section 3160-3165 describes the general provisions of child custody mediation and its purpose. However, since the specific details of child custody mediation and mediators may differ from county to county in California and can change over time, you may want to inquire with the Los Angeles Superior courthouse for more information. Further, you would be wise to consult a Los Angeles family law attorney, Los Angeles divorce attorney, or Los Angeles divorce lawyer to help you learn more about the local processes and local rules for child custody mediation and learn if child custody mediation is the right approach for your Los Angeles child custody situation.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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Florida's New Best Interest of the Child Factors

Florida's "best interest" of children factors will change on October 1, 2008. Notice the clear emphasis on demonstrating parenting behaviors and a history of meeting the child's needs. Keeping children away from the divorce case is another area that is now clearly spelled out in the law. Here are the new factors:

(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the child is of sufficient age

(j) The demonstrated knowledge, capacity, & disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity & disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity & disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages & needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific issue

These are the factors a judge will use when determining all child-related issues starting October 1, 2008. Remember, when the law changes there will no longer be a "primary residential parent" and parenting plans will be required.

Much more than a visitation schedule, parenting plans must be comprehensive and cover not only time sharing, but decision-making and child support.

DIY Divorce has been exploring the new parenting plan requirements on the blog at http://www.diydivorcefl.com All the changes are already incorporated into our free Tele-Test Drive Basic Florida Divorce class. Visit the website to sign up for one now.

Pamela S. Wynn has practiced family law in Florida for more than 23 years.

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