Welcome back! In our previous article we started talking about what a person could expect after someone has made allegations of child abuse against them. We started with the very first step – the investigation, and got all the way up to the part where the state takes temporary jurisdiction of their child or children. In this section we are going to look at what the rest of the steps may be.
Preliminary Hearing: The first court hearing is the preliminary hearing. This is where the court decides if there is enough evidence to put the matter before a judge or, if a demand was made for a jury trial, then a jury. If the court decides that there is, then a trial will be scheduled.
Discovery: To begin preparing for trial, both your attorney and the prosecutor will engage in ‘discovery’. This is a formal process where information about the case is exchanged. This includes all witnesses and evidence that will be presented at trial.
Behind the scenes: Although you will likely not see a great deal of the day-to-day work that your attorney does on your case, if you chose an aggressive, hard-working attorney, it will be a lot! They will interview witnesses, research the law, review all of the evidence collected by the prosecution, request records and conduct many meetings.
Additional court dates: Between the preliminary hearing and the trial there may be a number of other hearings as well, depending on your case. For example, your attorney may file motions to suppress certain pieces of evidence or testimony that the prosecution plans to present in the trial.
Not all child abuse cases go to trial. Some are settled with plea bargains, and some are simply dismissed for lack of evidence.
Trial: During the trial, the guilt or innocence of the accused is determined by either a judge or a jury. However, this is also where the court determines whether or not to assume permanent or temporary jurisdiction of the child. If the state wins or the accused accepts a plea agreement, the court gains full jurisdiction over the child.
If the court is assigned jurisdiction of the child after the trial, they will then begin to look at the issue of parental rights. This is the stage where the court will attempt to determine if they should return the children to the parent along with services like parenting classes, or if they should terminate the parent’s rights.
Termination: Is the final and for some, the most heartbreaking stage in this process. This is where the court once again holds a trial to determine whether or not the parents are fit to raise their children. If the court determines that the parents are unfit, it will order a termination of parental rights.
Placement: At this point the child is now a ward of the state. They will be placed in a temporary or permanent foster home while the court seeks out new guardians. A family member can petition the court for the right to assume guardianship, or the child may be adopted.
This is a long and arduous process. So don’t try to go it alone. If you have been accused of child abuse, you need expert help and you need it NOW! Don’t wait to save your life and the lives of your children. Call us now at 866 766 5245 and discuss your case with an experienced child abuse defense attorney. We are available to help 24 hours a day, 7 days a week to help you and your family protect your rights.