New Jersey Child Abuse Lawyers

Abuse and Neglect/ DCPP Matters

The goal of the New Jersey Division of Child Protection and Permanency (DCPP) is to protect children from abuse and neglect and work to provide a safe and stable home environment. While DCCP officials do their very best to keep families together, if the safety and well-being of a child appears to be threatened in any way, it is their responsibility to remove the child from a potentially dangerous situation. If you have been falsely accused of abuse or neglect, and you find yourself under investigation by the DCCP, it is a serious matter that calls for skilled legal representation. At Lyons & Associates, P.C., we take these accusations very seriously and will work hard to protect your rights and your reputation while keeping your family intact.

What Is Considered Abuse or Neglect?

 In New Jersey, child abuse and neglect are broadly defined under state law as any action or inaction by a parent, caregiver, or guardian that causes harm or substantial risk of harm to a child’s physical, emotional, or mental well-being. A DCPP official will seek a court order against an individual who has engaged in the following behavior:

  • Physical Abuse: Infliction of physical injury upon a child, such as hitting, kicking, burning, shaking, or other violent actions.
  • Sexual Abuse: Any sexual activity involving a child, including inappropriate touching, exploitation, exposure to pornography, or sexual assault.
  • Emotional Abuse: Actions or behaviors causing serious emotional harm or distress to a child, including verbal abuse, excessive criticism, humiliation, intimidation, or neglect of emotional needs.
  • Neglect: Failure to provide adequate supervision, healthcare, education, nutrition, shelter, or basic necessities, significantly jeopardizing a child’s health or safety.

It’s important to note that New Jersey mandates certain individuals, including teachers, doctors, nurses, social workers, and law enforcement personnel, to report suspected child abuse or neglect promptly. Failure to report when required by law may result in penalties.

Legal Implications of Child Abuse Allegations in Family Law Cases

Allegations of child abuse significantly affect family law matters, including custody, visitation rights, and parenting time determinations. Family courts in New Jersey prioritize the safety and well-being of the child above all else, and any substantiated allegations or even credible accusations of abuse can result in serious consequences, including:

  • Immediate suspension or supervised visitation of the accused parent.
  • Temporary or permanent loss of custody or parental rights.
  • Mandatory participation in counseling, parenting classes, or rehabilitative programs.
  • Restrictions on future visitation or interactions with the child.
  • In severe cases, involvement of law enforcement and criminal prosecution.

Because family court judges have considerable discretion in determining custody and parenting arrangements, it is crucial for parents facing allegations to consult an experienced attorney immediately to effectively respond and safeguard their parental rights.

Navigating Child Abuse Investigations by New Jersey Child Protective Services (DCPP)

When child abuse allegations arise, the Division of Child Protection and Permanency (DCPP), formerly known as DYFS, is typically involved in investigating claims and taking appropriate action. If DCPP contacts you or opens an investigation:

  • Remain Calm and Cooperative: While protecting your legal rights, cooperate respectfully with DCPP investigators. Hostility or uncooperative behavior can negatively impact your case.
  • Consult a Family Law Attorney Immediately: Early involvement by legal counsel can prevent misunderstandings, protect your rights, and help clarify any misunderstandings or unfounded accusations.
  • Understand Your Rights: You have the right to know the allegations against you, the right to seek legal counsel, and the right to appeal or challenge findings by DCPP.

Lyons & Associates frequently represents parents navigating the DCPP investigation process, advocating for fair treatment and the protection of parental rights. Our firm is uniquely qualified, with both legal and social-work-informed backgrounds, providing a balanced, comprehensive approach to these sensitive cases.

Building a Defense Strategy 

In cases like this, parents or guardians who are facing abuse or neglect accusations often find themselves at a disadvantage because even the slightest suspicion of abuse can cloud the whole case. In addition, judges often limit parents’ access to the evidence that is being presented about the alleged abuse. As a result, decisions about custody and visitation times are being made based on evidence that may be unsubstantiated. Oftentimes, a court order is required to obtain access to these documents prior to the trial.

Once these documents have been obtained, we will be able to review the DCPP’s findings, including any expert testimonies or third-party statements. We will make sure that you fully understand the evidence against you and make sure that you have the opportunity to discredit any false accusations. We will make sure you are prepared for any scenario that may come up in court.

If the court finds that there is evidence of neglect, there will be a dispositional hearing wherein the court will decide who will be responsible for the child, as well as any treatment, therapy, or other services that should be made available to the family. At this point, the court may decide to either release the child to the parents with specified conditions, place the child with relatives under the supervision of the DCPP, order specific therapeutic services based on the needs of the child and family, place the parent on probation, or any combination of these choices.

Defending Against False or Exaggerated Child Abuse Allegations

Unfortunately, in contentious family law cases, such as divorce or custody battles, false or exaggerated allegations of child abuse may sometimes occur as a tactic to gain leverage. False allegations carry devastating consequences, potentially resulting in unjust loss of parental rights, strained parent-child relationships, and emotional trauma for the accused and the child involved.

At Lyons & Associates, our skilled family law attorneys have extensive experience handling cases involving false or exaggerated child abuse claims. We carefully investigate the facts, challenge unfounded accusations, and work with experts to reveal inconsistencies or motives behind the allegations, ensuring our clients receive fair treatment and protection under the law.

New Jersey Child Abuse Lawyers at Lyons & Associates, P.C. Advocate for Clients Accused of Child Abuse or Neglect

In any family law case, protecting the welfare of the children is a top priority. If you are under investigation by the DCCP and your parental rights are in jeopardy, it is in your best interest to contact our New Jersey child abuse lawyers at Lyons & Associates, P.C. as soon as possible so that we can protect your rights throughout the process. We will develop an aggressive legal strategy based on the circumstances of your case. Our dedicated, knowledgeable team will fight hard to achieve the best possible outcome for you, your children, and your entire family.

Our offices are conveniently located in Freehold, Morristown and Somerville, New Jersey where we help families throughout the state. Call us today at 908-575-9777 or contact us online to schedule a free consultation and learn how we can advocate for you.