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Topic: Abuse defense


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In the News (Sun 27 May 12)

  
  History and Mission of National Child Abuse Defense & Resource Center - Education and other help defending false ...
In child abuse cases, there is the continued working hypothesis among professionals charged with protecting children that if the allegation is made, abuse must have occurred and that the accused person must have perpetrated the abuse.
National Child Abuse Defense and Resource Center (NCADRC) strives for the day that the agencies responsible for investigating abuse and neglect claims are REQUIRED to remain unbiased and accountable for their actions.
Since there are so many issues involved in child abuse cases, and since the issues cover such a wide range of professional fields, it is extremely difficult for any attorney to keep abreast of the current research, data, case law, etc. that is crucial in providing that aggressive defense.
www.falseallegation.org /aboutus.htm   (563 words)

  
 Total Criminal Defense - Child Abuse Lawyers
Child abuse and cruelty charges typically apply specifically to adults who have care and custody of the children in question.
And, of course, actual physical abuse, generally of the type that would constitute battery if committed by a person not having care or custody of the child, may be charged under these statutes.
In addition to the specific child abuse statutes typically applying to those in custodial relationships with the children who are harmed, most states include sentence enhancements for batteries and other crimes when they are committed against children.
www.totalcriminaldefense.com /crimes_against_children.asp   (924 words)

  
 washingtonpost.com: Report to Defense Alleged Abuse By Prison Interrogation Teams
From a classified report five months ago, one of Defense Secretary Donald H. Rumsfeld's closest advisers learned of allegations that a clandestine military task force in Iraq was beating detainees, ordering Defense Intelligence Agency debriefers out of the room during questioning, confiscating evidence of the abuse and intimidating the debriefers when they complained.
The June 25 report -- sent by the director of the Defense Intelligence Agency to Undersecretary of Defense for Intelligence Stephen A. Cambone -- is among dozens of documents made public yesterday that allege brutal and sometimes illegal military interrogation methods employed against prisoners in Iraq, Afghanistan and Guantanamo Bay, Cuba.
The Bush administration, which continues to portray prisoner abuses as isolated events and the Pentagon's response as swift, fought vigorously to keep the new documents from public view.
www.washingtonpost.com /ac2/wp-dyn/A45373-2004Dec7?language=printer   (857 words)

  
 San Diego Domestic Violence Defense Lawyer | Spousal Abuse Allegations | Assault & Battery Abuse Attorney | ...
Domestic abuse is defined as "intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent, serious bodily injury to himself, herself or another," and penalties include fines, jail time, restraining orders, and probation.
There are many types of abuse, such as mental abuse, psychological abuse, emotional abuse, and verbal or nonverbal abuse such as stalking and even cyberstalking.
In a domestic abuse case such as spousal abuse, elder abuse, or child abuse, society's sympathies tend to lie with the victim.
www.sandiegocrimedefense.com /PracticeAreas/Domestic-Violence.asp   (467 words)

  
 Texas Department of State Health Services, Child Abuse Screening, Documenting and Reporting Policy For ...   (Site not responding. Last check: 2007-11-02)
D. Family Code §261.201 provides that reports of abuse to DPRS as well as the identity of the person making the report are confidential and may be disclosed only for purposes consistent with the Family Code and applicable state or federal law or regulations.
D. An acceptable affirmative defense for abuse as defined in the Penal Code §22.011 (sexual assault) may be that the actor was not more than three years older than the victim.
Upon a contractor/provider's second and any subsequent failure to comply with the child abuse reporting requirements in the Family Code, Chapter 261, and/or this Policy, DSHS shall temporarily withhold all advances or reimbursements for proper charges or obligations incurred for all contract attachments subject to the Policy until all compliance issues are resolved.
www.dshs.state.tx.us /childabusereporting/gsc_pol.shtm   (1756 words)

  
 Colorado Springs Domestic Violence Criminal Defense Attorney
Defense attorneys frequently see the police report phrase: "suspect was cooperative." Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.
The most common affirmative defenses claimed in domestic violence criminal charges would be self defense, defense of another person, defense of property, choice of evils or alibi.
The jist of the argument is that domestic abuse is indeed being perpetrated, but not at the time of the alleged offense - it is being perpetrated in the midst of the trial - and jury members are an instrumentality of the "alleged victim's" abuse.
www.gustafsonlaw.com /Criminal-DV-Defense.htm   (7261 words)

  
 Child Custody Coach: False Allegations of Abuse
Whether a false allegation of abuse is made maliciously, or if the false allegation is made out of genuine concern for the welfare of a child, the result is generally the same for the accused.
Child Abuse: Current Controversies is an excellent resource for students, parents, and educators seeking highly-respected opinion from leading authorities in the filed of child abuse.
The rise of false allegations of abuse in the context of divorce.
www.childcustodycoach.com /falseabuse.html   (490 words)

  
 Child Abuse Defense Lawyers - Molestation Defense Attorneys
Sexual abuse may begin with kissing or fondling and progress to more intrusive sexual acts, such as oral sex and vaginal or anal penetration.
Such abuse commonly includes repeated verbal abuse of a child in the form of shouting, threats, and degrading or humiliating criticism.
Other types of emotional abuse are confinement, such as shutting a child in a dark closet, and social isolation, such as denying a child friends.
www.criminal-defense-lawyers.org /molestation.htm   (323 words)

  
 Lee Marsh Abuse Recovery Page   (Site not responding. Last check: 2007-11-02)
Abuse from a person who was loved and trusted by the child would cause feelings of guilt, worthlessness, and a sense of helplessness which continued into adulthood (Bagley and Ramsey, in press; Ellenson, 1986; Gelinas, 1983; Jehu and Gazan, 1983).
Recent findings show that victims of sexual abuse tend to develop an array of coping mechanisms to (a) protect themselves from further abuse, (b) develop a sense of self efficacy, or (c) escape negative feelings (Gelinas, 1983; Lindberg and Distad, 1985; Oppenheimer, Palmer, and Brandon, 1984).
He explains that adult abusers may abuse a child to gain a feeling of control that was lost during their own victimization.
members.tripod.com /Lee_Hardiman/freud.html   (2045 words)

  
 Domestic Violence FAQ's- California Elder Abuse Attorneys - Los Angeles Domestic Abuse Lawyers - The Law Offices of ...
Domestic violence includes spousal abuse (husband or wife abuse), intimate partner abuse (boyfriend or girlfriend), abuse of persons who live together (elder abuse), and abuse of the other parent of a shared child.
Child abuse (maltreatment) encompasses a variety of dangerous acts that may harm or have the potential to harm a child under the age of 18, such as physical abuse, emotional abuse, sexual abuse, neglect, and sexual exploitation.
California Domestic Violence Attorneys and Los Angeles Spousal Abuse Defense Lawyers serving the counties of Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura.
www.youareinnocent-domesticviolence.com /faq.shtml   (944 words)

  
 California Child Abuse Defense Lawyers - Orange County Child Neglect Attorneys - California Criminal Lawyer - Law ...
Our child abuse defense attorneys are skilled in all areas of State and Federal child abuse laws, and have the experience that is required to successfully defend clients accused of all types of violent crimes.
Unfortunately many child abuse allegations are the result of a parent who wants to punish his or her ex-spouse during a divorce, child custody, or visitation hearing, and does so by making false abuse charges.
Our experienced California child abuse defense attorneys are prepared with a variety of defenses, such as insufficient evidence, mistaken identity, or divorce or custody dispute related allegations.
www.californiaviolentcrimeslawyers.com /child_abuse.shtml   (598 words)

  
 'Abuse Excuse' Finds Its Place in Court
Since the defense under the best conditions is a hard sell, it was no surprise that Ventura County jurors rejected a classic version of it Dec. 23 when it found Gladis Soto guilty of first-degree murder in the shooting death of her husband.
That was the tack that Deputy District Attorney Daniel Goldstein of San Diego took when faced with Sally McNeil's battered woman defense: Being beaten doesn't automatically qualify a woman for battered woman's syndrome, and the defendant acted out of the rage because she was a woman scorned.
Goldstein accepts that there is a valid battered woman's defense and, after some 50 cases in which he has prosecuted batterers, he adds, "I know that 'learned helplessness' is real." His objection is that the abuse defense has become, in his view, abused.
www.fact.on.ca /news/news0001/lw000104.htm   (1329 words)

  
 Self-defense (theory) - Wikipedia, the free encyclopedia
Self defense and defense of others (in the United States called alter ego defense or defense of a third person) convert what would otherwise have been tortious or criminal acts into excused (sometimes termed justified) acts when committed for the purpose of protecting oneself or another person.
In most jurisdictions, when the defense succeeds, it operates as a complete justification when the degree of violence used is comparable or proportionate to the threat faced, so deadly force should only be used in situations of "extreme" danger.
Thus, lawful "pre-emptive" self defense is simply the act of landing the first-blow in a situation that has reached a point of no hope for de-escalation or escape.
en.wikipedia.org /wiki/Self-defense_(theory)   (1469 words)

  
 Prisoner abuse scandal - The Advocate
The shocking abuse and sexual humiliation that occurred at Abu Ghraib prison in 2003 and 2004 was the work of "corrupt cops" who acted for their own enjoyment and without the sanction of their commanders, according to the military's opening statement yesterday in the court-martial of an Army dog handler.
Senior FBI officials in Iraq were reluctant to investigate allegations of prisoner abuse for fear that the bureau would lose access to high-value detainees and the stream of intelligence from interrogations, according to documents released yesterday by the American Civil Liberties Union.
Lynndie R. England's participation in some of the most notorious abuses at Abu Ghraib prison, a lawyer for the young Army reservist asked the jury yesterday to look beyond the photos in which she appeared with nude detainees posed in pyramids and in sexually humiliating positions.
www.stamfordadvocate.com /bal-prisonerabuse,0,5392170.storygallery   (6825 words)

  
 Hillsborough: Accused can use abuse as defense
And abuse wrought by both Nathaniel Jackson and Dampier may explain why Victoria Jackson, 23, got mixed up in the deadly plan, her attorney said.
Court documents filed by the defense don't shed much light on exactly what abuse Jackson endured, only that it "rendered her powerless in her relationship with men in general, and with co-defendant Nathaniel Jackson and homicide victim Jeffrey Dampier in particular."
Robert Batey, a criminal law professor at Stetson University College of Law, said battered spouse syndrome is actually part of a duress defense, which can't be used to excuse homicide under state law.
www.sptimes.com /2006/06/23/Hillsborough/Accused_can_use_abuse.shtml   (466 words)

  
 Defending the Falsely Accused - Cowling Investigations
False allegations of sexual abuse, child abuse, incest, rape or child molesting are lies, but those lies can quickly and easily result in convictions and lengthy prison terms for the innocent.
The accused plays a vital role in their own defense and that is not possible unless they have "knowledge" of the proper manner in which false allegations are defended against.
We analyze a case from the beginning, develop a defense to the allegations and then determine where in that defense various testing and experts apply in preparing a case for trial.
www.allencowling.com   (1735 words)

  
 NCADRC - National Child Abuse Defense & Resource Center - Education and other help for defending against false ...
We are a non-profit organization dedicated to educating professionals as well as victims of false allegations of child abuse on the factual, scientific data regarding child abuse allegations.
For the defense team, we can provide relevant research, expert referrals, and other resources necessary to be successful at trial.
For those who investigate, substantiate and prosecute claims of child abuse, we can provide resources to aid in objective assessment and conclusions that will allow them to more effectively distinguish genuine abuse victims from children that intentionally or mistakenly make or are coerced to make false allegations of child abuse.
www.falseallegation.org   (265 words)

  
 San Diego Domestic Violence Law Attorney California CA - Domestic Abuse Law San Diego
Domestic violence can occur between spouses, domestic partners, former partners or spouses, parents and children, individuals involved in a dating relationship, or the elderly. If you are investigated, arrested or charged with a domestic violence crime in San Diego California, you may be sentenced to County Jail or State Prison.
In California, Domestic Violence is a serious matter, and a conviction for Domestic Abuse carries harsh penalties, such as a state prison sentence.
Child abuse can occur between a child and a parent, domestic partners, former partners or former spouses.
www.criminal-law-attorney.com /prac_abuse.shtml   (687 words)

  
 Qualifications of Kim Hart - Experienced Consultant in Child Abuse Cases providing Strategy, Expert Referrals, etc.   (Site not responding. Last check: 2007-11-02)
My name is Kim Hart and I am an experienced trial consultant with 18 years of experience assisting attorneys in the successful defense of persons accused of child abuse as well as in the appeals process of child abuse cases once a client has been wrongfully convicted.
I have been the Executive Director of the non-profit National Child Abuse Defense and Resource Center for the past fifteen years.
In my dealings with hundreds of attorneys, mental health professionals, medical doctors and researchers, I have experienced a variety of novel approaches and avenues of defense that no individual attorney (or their paralegals or law clerk) could possibly acquire in occasional representation of those accused of child abuse or neglect.
www.kimhart.com /kimhart/custom_work1.htm   (382 words)

  
 National Child Abuse Defense and Resource Center   (Site not responding. Last check: 2007-11-02)
Most of their emphasis is on finding good scientific evidence for criminal accusations, but for a civil case, Kim Hart, the director, knows more good attorneys all around the country than any other one person in the United States, except perhaps for her excellent staff.
Don't bother them if the allegation is drug abuse, or alcoholism, and you're guilty.
She also puts on a "Continuing Legal Education" seminar yearly for child abuse defense attorneys.
nhdcyf.info /ncadrc.html   (152 words)

  
 Houston Texas Family Assault Trial | Spousal Abuse Defense Lawyers | Domestic Violence Attorneys | Self Defense Charges
The complaining party may use criminal charges of spousal abuse to support an inequitable distribution of assets, alimony, or child custody.
Unfortunately, a claim by the defendant that he struck out in self defense could open the door to the claim that the defendant had attacked the complainant on numerous other occasions.
It is imperative that the person charged with this type of offense hire an experienced criminal defense attorney to protect him in all these situations.
www.family-assault-houstoncriminallaw.com /PracticeAreas/The-Trial.asp   (518 words)

  
 Defending False Allegations of Abuse - Cowling Investigations
Secondly, many convictions are the result of defense attorneys who have no clue as to how to defend these specific types of cases, but because of ego, refuse to associate others who do and, as result, simply stumble through a defense.
We have a great deal of expertise in preparing a legal defense in false allegation cases, working with individuals who have been wrongfully convicted and in assuring that anyone falsely accused has proper and adequate legal representation.
Allen Cowling, with more than 36 years of experience as a private investigator and defense strategist, has, for more than a decade, devoted his practice to the specialization of defending false allegations of child abuse, criminal defense preparation, overturning convictions for the innocent and legal malpractice cases for clients, worldwide.
www.allencowling.com /falseacc.htm   (883 words)

  
 David Conn, 56; prosecutor won convictions in Menendez case - Los Angeles Times   (Site not responding. Last check: 2007-11-02)
On the first go-round, the case had ended in hung juries in 1994 after the defense portrayed the brothers — who had admitted to the grisly 1989 shooting deaths of their wealthy parents, Jose and Kitty — as long-suffering victims of sexual and other abuse by the father.
The defense argued that the brothers had killed their parents out of the same rage that drove some battered women to murder abusive spouses.
The defense "began accusing the victims of physical abuse and sexual abuse.
www.latimes.com /news/obituaries/la-me-conn26oct26,0,2134041.story?coll=la-news-obituaries   (1070 words)

  
 Child Abuse Defense Lawyers Domestic Violence Attorney San Jose Bay Area DUI   (Site not responding. Last check: 2007-11-02)
Hinkle, Jachimowicz, Pointer and Mayron is a San Jose criminal defense law firm that represents people against false allegation of domestic abuse, including child abuse and spousal abuse.
Anyone can make a child abuse claim and the consequences of a child abuse allegation are serious.
If you have been accused of child abuse, you need the help of an attorney who is experienced and knowledgeable in child abuse cases.
www.hjpmlaw.com /PracticeAreas/ChildAbuse.asp   (259 words)

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