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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
There are three things to do right now, and we’ll talk about them in this order: (1) legal help; (2) learn about what “abuse” means (and doesn’t mean) in Tennessee; and (3) Showing the prosecutor that you are working to keep this from happening again. While most people have the attitude they have “nothing to hide,” this complete honesty can actually end up getting them in trouble with Tennessee’s child abuse investigative agency, DCS. Don’t for example, assume that the only abuse they may allege against you is the foot-stepping episode.
1. Getting Legal Help. Depending on where you live in Tennessee, there is low-cost legal help available. There is legal aid based on income, through the Tennessee legal Alliance: http://www.tennlegalaid.com/.
Regardless of whether you have a lawyer, time is going to be important. After DCS doe sits investigation, they will decide if abuse is “indicated” against a “perpetrator.” Under Tennessee law, you are required to be notified of their decision, in a written letter. You have a right to review the basis for that decision. You also have a right to appeal the findings, within ten (10) days.
2. Was It Child Abuse? In cases such as this, where you are charged with the most serious thing possible, it’s also likely you’ll be offered a “chance” to plead guilty to some lesser offense. Now, the problem is that I have no idea just how badly injured the girl’s foot was. If the girl actually required hospitalization, or stitches, or was kept from walking…then you have a real problem showing there was not abuse.
The age of the child is going to be crucial. The younger she is, the more likely you might be convicted of abuse. In Tennessee, her being under 16 can lead to aggravated child abuse charges. http://www.state.tn.us/tccy/tnchild/39/39-15-402.htm.
You need to be cautious about what you tell Tennessee’s abuse workers, too. Don’t assume that they are out to get the “truth” in every case. Sometimes, for example, there may have been pre-existing abuse from another person…and you may become the target. Yet even if this is true, telling the case workers or investigators this will probably be seen as an evasion or a “red flag” to them. Try and get an idea of how DCS operates, such as by looking at their field manuals…
http://www.tn.gov/youth/dcsguide/clientsrights.pdf
or investigative guide
https://www.sworps.tennessee.edu/children/pdf/2011_sexabuseplan.pdf.
So for example, if you want to meet with DCS and find out why they say it was abuse, be very cautious. Bring a friend who can later be a witness as to what was said, if you don’t have a lawyer by then. It’s okay to express a concern that DCS might misuse or misinterpret what you tell them, and that you want to stay focused on what they discovered and whether that’s accurate. Take notes as they explain why they reached their decision. But, again, avoid volunteering information, especially until you have legal help.
3. Getting Help For Anger Management. One key question is what the girl or her mother have to say about your “normal” relations with them. I’ve seen many cases where the daughter may have some motivation to exaggerate what happened: perhaps, based on conflict you’ve been having with the daughter or her mother. But the bottom line is probably going to be that you should not have stepped on the girl’s foot. Being able to admit this, without making any excuses for your behavior, will often go a long way in proving your sincerity and honesty. It’s also going to be normal for you to be really angry about what’s happened. Getting counseling before this may actually get into court will help you in two ways. There are low-cost counseling services in Tennessee, which you can locate here: http://www.tennhelp.com/.
There are three things to do right now, and we’ll talk about them in this order: (1) legal help; (2) learn about what “abuse” means (and doesn’t mean) in Tennessee; and (3) Showing the prosecutor that you are working to keep this from happening again. While most people have the attitude they have “nothing to hide,” this complete honesty can actually end up getting them in trouble with Tennessee’s child abuse investigative agency, DCS. Don’t for example, assume that the only abuse they may allege against you is the foot-stepping episode.
1. Getting Legal Help. Depending on where you live in Tennessee, there is low-cost legal help available. There is legal aid based on income, through the Tennessee legal Alliance: http://www.tennlegalaid.com/.
Regardless of whether you have a lawyer, time is going to be important. After DCS doe sits investigation, they will decide if abuse is “indicated” against a “perpetrator.” Under Tennessee law, you are required to be notified of their decision, in a written letter. You have a right to review the basis for that decision. You also have a right to appeal the findings, within ten (10) days.
2. Was It Child Abuse? In cases such as this, where you are charged with the most serious thing possible, it’s also likely you’ll be offered a “chance” to plead guilty to some lesser offense. Now, the problem is that I have no idea just how badly injured the girl’s foot was. If the girl actually required hospitalization, or stitches, or was kept from walking…then you have a real problem showing there was not abuse.
The age of the child is going to be crucial. The younger she is, the more likely you might be convicted of abuse. In Tennessee, her being under 16 can lead to aggravated child abuse charges. http://www.state.tn.us/tccy/tnchild/39/39-15-402.htm.
You need to be cautious about what you tell Tennessee’s abuse workers, too. Don’t assume that they are out to get the “truth” in every case. Sometimes, for example, there may have been pre-existing abuse from another person…and you may become the target. Yet even if this is true, telling the case workers or investigators this will probably be seen as an evasion or a “red flag” to them. Try and get an idea of how DCS operates, such as by looking at their field manuals…
http://www.tn.gov/youth/dcsguide/clientsrights.pdf
or investigative guide
https://www.sworps.tennessee.edu/children/pdf/2011_sexabuseplan.pdf.
So for example, if you want to meet with DCS and find out why they say it was abuse, be very cautious. Bring a friend who can later be a witness as to what was said, if you don’t have a lawyer by then. It’s okay to express a concern that DCS might misuse or misinterpret what you tell them, and that you want to stay focused on what they discovered and whether that’s accurate. Take notes as they explain why they reached their decision. But, again, avoid volunteering information, especially until you have legal help.
3. Getting Help For Anger Management. One key question is what the girl or her mother have to say about your “normal” relations with them. I’ve seen many cases where the daughter may have some motivation to exaggerate what happened: perhaps, based on conflict you’ve been having with the daughter or her mother. But the bottom line is probably going to be that you should not have stepped on the girl’s foot. Being able to admit this, without making any excuses for your behavior, will often go a long way in proving your sincerity and honesty. It’s also going to be normal for you to be really angry about what’s happened. Getting counseling before this may actually get into court will help you in two ways. There are low-cost counseling services in Tennessee, which you can locate here: http://www.tennhelp.com/.