Child Abuse, Molestation, Porn Malicious Prosecution

[babakau]

Jurisdiction

Arizona

My boyfriend has been charged with child abuse by his ex-wife towards their 4 year old son. Its a malicious claim and is costing us a lot of money.

This woman has a history of deceit, and her and her friends attacked a previous girlfriend of his in public. She brought charges against him the week after seeing where we live after he moved in with me (after a year of being together, and having a baby together).

The charges are from incidents that are several years old with the exception of one.
The charges brought against him as child abuse are because of the following:
bruised ear,
burn on hand (from the 2 year old grabbing a curling iron),
at age 2, being hit by a golf club by his 4 year old brother while they were in the back yard practicing their golf swings,
having a bruise on private part because of being hit by a ball thrown by another child, and one or two other similar childhood injuries.

He is facing a felony charge and time in prison, his friends and family had to collectively post $100,000 bail so he wouldn't sit in jail for three months awaiting trial, and we are looking at close to $7,000 in attorney fees so far.

First question: the attorney we are working with seems to believe that it is indeed a punishable offense for your child to be injured ever. He said that all parents are guilty of child abuse, just that only some get taken to court for it. I can't believe that we could go to jail any time an childhood injury happens, where no willful neglect or malice is present.

Second, what are the options or precedence for suing her for malicious prosecution? I don't want to get her back, I just want to be compensated for the money we used to fight this.

Thanks in advance

 

[adjusterjack]

First question: the attorney we are working with seems to believe that it is indeed a punishable offense for your child to be injured ever. He said that all parents are guilty of child abuse, just that only some get taken to court for it. I can't believe that we could go to jail any time an childhood injury happens, where no willful neglect or malice is present.

That attorney is an idiot. Fire him and get another.

Second, what are the options or precedence for suing her for malicious prosecution?

You're getting way ahead of yourself.

First your BF has to be acquitted of the charges.

There's nothing he can do about the accusations until that happens.

 

[babakau]

You're getting way ahead of yourself.

First your BF has to be acquitted of the charges.

There's nothing he can do about the accusations until that happens.

Thanks for your reply! Yes, I understand that and should have clarified that I wanted to know what could be done after this case is concluded.

 

[Zigner]

The child's mom is NOT charging your boyfriend with anything. The state is charging your boyfriend. The state seems to feel there is enough evidence to charge (and convict) your boyfriend. They didn't come to that conclusion based only on the word of the child's mom (although, that certainly is a part of it).

 

[zddoodah]

My boyfriend has been charged with child abuse by his ex-wife towards their 4 year old son.

His ex-wife may have accused him. However, if he's been charged with a crime, it was by the district attorney, not his ex.

his friends and family had to collectively post $100,000 bail

Was this cash bail? Or was a $100k bond posted (which would have a ~$10k premium)?

First question: the attorney we are working with seems to believe that it is indeed a punishable offense for your child to be injured ever. He said that all parents are guilty of child abuse, just that only some get taken to court for it. I can't believe that we could go to jail any time an childhood injury happens, where no willful neglect or malice is present.

First of all, "we"? Have you also been charged? Second, while it really does no good to point it out, it seems like your boyfriend made a bad choice to hire this attorney. Third, what is/are the specific section(s) of the Arizona Revised Statutes with which he has been charged?

what are the options or precedence for suing her for malicious prosecution?

That's something your boyfriend can consider if and after he is acquitted/exonerated. That said, malicious prosecution is an EXTREMELY difficult to win cause of action.

 

[babakau]

His ex-wife may have accused him. However, if he's been charged with a crime, it was by the district attorney, not his ex.

Yes, understood. When his attorney looked over the case, the said they should never have charged him because there was little evidence of any wrong doing.

Was this cash bail? Or was a $100k bond posted (which would have a ~$10k premium)?

Cash bail. And it was the only option they allowed.

First of all, "we"? Have you also been charged? Second, while it really does no good to point it out, it seems like your boyfriend made a bad choice to hire this attorney. Third, what is/are the specific section(s) of the Arizona Revised Statutes with which he has been charged?

No, I haven't been charged with anything. I said "we" meaning parents. "Could parents go to jail if their child gets hurt while playing outside when the parent expects no unsafe conditions are present".
The attorney was recommended by another attorney that has a good reputation.

Five counts of Child Abuse, ARRS 13-3623 B1

That's something your boyfriend can consider if and after he is acquitted/exonerated. That said, malicious prosecution is an EXTREMELY difficult to win cause of action.

Good to know. Not that I want to be involved with more legal action, but I feel like this woman won't stop trying to find ways to attack him and by proxy, his family, unless we push back.

 

[zddoodah]

Cash bail. And it was the only option they allowed.

Then...as long as he appears as required, the people who put up this money will get it back.

Five counts of Child Abuse, ARRS 13-3623 B1

OK. ARS 13-3623(B) provides as follows:

"Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child . . . to suffer physical injury or abuse or, having the care or custody of a child . . ., who causes or permits the person or health of the child . . . to be injured or who causes or permits a child . . . to be placed in a situation where the person or health of the child . . . is endangered is guilty of an offense as follows: 1. If done intentionally or knowingly, the offense is a class 4 felony."

If the DA is only charging it under (B)(1), then the state has to that whatever the alleged acts/omissions are were done intentionally or knowingly. However, if the DA has charged, in the alternative, under (B)(2) or (B)(3), then the state would only need to prove recklessness or negligence (with are lesser felonies).

I feel like this woman won't stop trying to find ways to attack him and by proxy, his family

If I were you, I'd give serious consideration whether that's the sort of thing I'd want to have to deal with for the next decade and a half until the child reaches adulthood.

 

[babakau]

OK. ARS 13-3623(B) provides as follows:

"Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child . . . to suffer physical injury or abuse or, having the care or custody of a child . . ., who causes or permits the person or health of the child . . . to be injured or who causes or permits a child . . . to be placed in a situation where the person or health of the child . . . is endangered is guilty of an offense as follows: 1. If done intentionally or knowingly, the offense is a class 4 felony."

If the DA is only charging it under (B)(1), then the state has to that whatever the alleged acts/omissions are were done intentionally or knowingly. However, if the DA has charged, in the alternative, under (B)(2) or (B)(3), then the state would only need to prove recklessness or negligence (with are lesser felonies).

This law seems very very broad. Is letting your child play in the backyard or walk into another room in the house intentionally placing them in a situation where they are endangered?

It seems like you are saying it is better that he is charged with (B)(1) because the burden of proof is higher.

If I were you, I'd give serious consideration whether that's the sort of thing I'd want to have to deal with for the next decade and a half until the child reaches adulthood.

I did give it some thought, and as we have a 6 month old together and he's a good man, I'm staying with him. But, wisely and sadly, he realizes that its just too risky to have his sons from his marriage in his life because she will keep coming after him.

 

[zddoodah]

This law seems very very broad. Is letting your child play in the backyard or walk into another room in the house intentionally placing them in a situation where they are endangered?

I agree that it's broad. An experienced Arizona criminal defense attorney should be able to speak to this. If not, it's a subject for case law research.

It seems like you are saying it is better that he is charged with (B)(1) because the burden of proof is higher.

I don't know about "better" (especially since the penalties, if convicted, will be more severe), and the burden of proof is the same (beyond a reasonable doubt), but the sort of conduct that needs to be proven is more egregious.