Best Child Abuse Lawyers in New Hampshire

About Child Abuse Law in New Hampshire, United States

Child abuse is a serious legal and social issue in New Hampshire, as it is throughout the United States. The state of New Hampshire defines child abuse as any act or failure to act by a parent, caregiver, or other person in a custodial role that results in harm, potential harm, or threat of harm to a child. Child abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, and neglect. New Hampshire law aims to protect children from all forms of abuse and mandates certain individuals to report suspected abuse to the authorities. The state also provides for investigation and intervention when child abuse is suspected, focusing on both immediate safety and long-term wellbeing of the child.

Why You May Need a Lawyer

There are several situations in which individuals affected by child abuse cases in New Hampshire may require legal help. If you are being investigated for child abuse, are accused of child abuse, or if child protective services are involved in your family, a lawyer can help you understand your rights and defend your case. Victims, or their guardians, may need a lawyer to seek protection orders, navigate custody disputes, or ensure that abusers are prosecuted. Concerned third parties, such as relatives or caregivers, may also seek legal assistance to protect a child’s welfare or to report suspected abuse. Because child abuse allegations can result in criminal charges, loss of custody, and other significant consequences, experienced legal representation is critical.

Local Laws Overview

In New Hampshire, the main laws relating to child abuse are found in the state’s RSA Title XII (Public Safety and Welfare), particularly within RSA 169-C, titled "Child Protection Act." Key aspects of local law include:

• Mandatory reporting: Any person who suspects child abuse or neglect must report it to the Division for Children, Youth and Families (DCYF). Certain professionals, including teachers, doctors, and law enforcement officers, have a heightened duty and can face penalties for failing to report.
• Definitions: The law clearly defines physical abuse, sexual abuse, emotional abuse, neglect, and exploitation, and outlines specific criteria for each.
• Investigation and intervention: Upon receiving a report, DCYF is required to investigate. Law enforcement may also become involved if a crime is suspected.
• Protective actions: Courts may issue protective orders, remove a child from an unsafe environment, or terminate parental rights if warranted.
• Criminal penalties: Child abuse, depending on severity, can result in a range of criminal charges, including misdemeanors and felonies, with significant penalties upon conviction.
• Rights of accused: Those accused of child abuse have the right to due process, to be informed of the allegations, and to legal representation in both criminal and family court proceedings.

Frequently Asked Questions

What constitutes child abuse under New Hampshire law?

Child abuse includes physical injury, emotional harm, sexual abuse or exploitation, and neglect or failure to provide necessary care. New Hampshire law covers both acts of commission and omission that threaten a child’s safety or wellbeing.

Who is required to report suspected child abuse?

In New Hampshire, anyone who suspects child abuse is legally required to report it. This includes the general public and professionals like teachers, doctors, nurses, daycare workers, and law enforcement officers.

How do I report child abuse in New Hampshire?

Reports are typically made to the Division for Children, Youth and Families (DCYF) by calling their central intake number or contacting local law enforcement if the child is in immediate danger.

What happens after I report suspected abuse?

DCYF will assess the information and may initiate an investigation. If credible, child protective services or law enforcement may become involved quickly to ensure the child’s safety.

What are the possible outcomes of a child abuse investigation?

Possible outcomes include finding no evidence of abuse, offering preventative services to the family, removing the child from the home temporarily, or criminal prosecution of the alleged abuser.

Can a false accusation of child abuse harm my rights as a parent?

Yes. False accusations can lead to temporary loss of custody, involvement of state agencies, and even criminal charges. It is very important to seek legal representation if you are falsely accused.

Are child abuse cases handled in criminal or family court?

Both courts may be involved. Family court handles custody, protection, and neglect proceedings, while criminal court addresses charges against the alleged abuser.

How can an alleged abuser defend themselves in a child abuse case?

Legal defenses may include proving the allegations are false, lack of intent, mistaken identity, or challenging the credibility of evidence. An experienced lawyer is essential for developing a defense strategy.

How can a victim or their guardian seek protection?

Victims or their guardians can request a protective order from the court and may also work with DCYF for emergency intervention.

What resources exist for children and families affected by abuse?

New Hampshire offers a range of resources, including child advocacy centers, support groups, counseling services, and crisis intervention hotlines.

Additional Resources

If you need information or assistance related to child abuse in New Hampshire, consider the following resources:

• Division for Children, Youth and Families (DCYF): The agency responsible for investigating child abuse reports and providing protective services.
• New Hampshire Child Advocacy Center: Offers coordinated responses to child abuse allegations and support for victims and families.
• New Hampshire Legal Assistance (NHLA): Provides legal services to low-income families and individuals, including those affected by child abuse.
• New Hampshire Bar Association Lawyer Referral Service: Can help you find experienced family or criminal law attorneys.
• Local law enforcement: Contact your local police department if a child is in immediate danger.
• Crisis hotlines and counseling centers: These offer immediate emotional support and guidance for affected families and children.

Next Steps

If you or someone you know is affected by child abuse in New Hampshire, your first step should be to ensure the immediate safety of the child involved. In emergencies, contact local law enforcement right away. For non-emergency situations, make a report to DCYF as required by law. If you are accused of abuse, contacted by DCYF, or feel your rights as a parent or guardian are threatened, consult with a qualified lawyer as soon as possible. Gather any documents or evidence that support your case and write down relevant events and dates. A legal professional can guide you through the process, explain your rights and responsibilities, and advocate for the best interests of you and your family.

Remember that addressing child abuse can be stressful and complex, but resources and help are available. Legal professionals, state agencies, and community organizations can guide you through each step, whether you are seeking to protect a child or defend yourself against allegations.