Mistaken "abuse", what is a devoted dad to do?

[DevotedDad]

What is the name of your state (only U.S. law)? Washington

Hello, here is my situation that I am facing.

I am divorced with two children ages 5 and 6 and have been unemployed since April of this year. I had lived in Utah for the past nine years and just recently moved to Washington where my family resides to find work. My children and I had been planning to visit my family since last year, but since I had lost my job and was not finding work, I decided to move to Washington on the first of August of this year with assistance from my family. The plans were set and already paid for by the beginning of July.

One morning during the middle of July, my kids and I were playing together and my son (5) and I were playing "you can't catch me daddy" so we were running around the house, like we had done numerous times before. Unfortunetly, this time while my son and I were running through the kitchen my son tripped and fell down hard in front of me while I was chasing him, and since I could not stop in time I ran into him with my feet from behind while he was on the floor which made him slide across the floor and onto the metal transition strip seperating the kitchen floor from the living room carpet. My poor lil guy not only ended up with a couple of scratches to his forehead from the transition strip, but a lump from his fall and a small rug burn above his eyebrow. My brave lil guy did not cry and bled alittle bit from the scratches. After rendering first aid to him, I was concerned about the lump on his forehead, he did not complain of a headache, but I still looked after him for the rest of the day and night and the next day, apologizing and comforting him for accidently kicking him every time I checked his forehead.

Two days later my ex picked up the kids for her weekend visit like usual, then two days later around the time when she was to drop them off, called me totally irritated and upset with me wondering what was going on and told me that the day before she had taken our kids in for their upcoming school year physical and shots. The doctor had noticed the already healing injuries to my son's forehead and asked him about it, and after talking to him, reported it to CPS later on that day. My ex told me that CPS called her later that day asking questions and told her that my son had told the doctor that I had kicked him and wanted to talk to my son the following day and told her that it would be a good idea not to allow my kids to see or talk to me while they investigated. Five days went by and I heard nothing from nobody, I was beside myself. I was worried about my kids because they had never been apart from me for more than three days since the day they were both born. I took it upon myself to call CPS to find out what was going on and later on that evening I was contacted by a local detective who wanted to set up a meeting with her, a CPS agent and myself two days later. I went to the meeting, answered all their questions, explained what had happened with my son and also explained to them my plans that had already been set into motion for my kids and I to visit my family and my move and about the agreement that my ex and I had had made concerning our kids, gave them my new address and a contact phone number. The detective flat out told me she didn't believe me and that I was going to be issued a court date. I was shocked to say the least and asked about my kids and our plans, the detective told me that she would contact the mother and that I was free to go.

The next day my ex called me told me I could see my kids and that we could talk. I met with them and we had a great time, and my ex and I talked about our agreement, that it was still OK with her for the kids to go with me to see my family. The next week my kids and I left for Washington as planned and had an awesome time with my family. I took my kids back to Utah four days before they were to start school at the end of August, depleting the rest of my savings, as planned. I have talked to my kids almost everyday on the phone and still looking for work.

Two days ago I recieved registered mail, it was a summons to appear in court down in Utah. I'm beside myself, I don't know what to do. I can't believe that an innocent accident with my son has gone this far. I'm still unemployed, cannot afford a lawyer, and cannot afford to go down to Utah next month for the court date. I'm also freaking out now because I don't know if I will be able to see my kids again.

Can someone please give me some advise on what to do? Thank you so much for your time.

Sincerly,

DevotedDad

[Proserpina]

My ex told me that CPS called her later that day asking questions and told her that my son had told the doctor that I had kicked him and wanted to talk to my son the following day and told her that it would be a good idea not to allow my kids to see or talk to me while they investigated.

Do you have any idea why your son would have said that?

Two days ago I recieved registered mail, it was a summons to appear in court down in Utah. I'm beside myself, I don't know what to do. I can't believe that an innocent accident with my son has gone this far. I'm still unemployed, cannot afford a lawyer, and cannot afford to go down to Utah next month for the court date. I'm also freaking out now because I don't know if I will be able to see my
kids again.

What exactly is the purpose of the hearing?

[Hisbabygirl77]

Originally Posted by Dogmatique

Do you have any idea why your son would have said that?



What exactly is the purpose of the hearing?

This post sounds familiar************** I think its a second identical post... let me check

[Hisbabygirl77]

Originally Posted by Hisbabygirl77

This post sounds familiar************** I think its a second identical post... let me check

Yep it is.


[url]http://forum.freeadvice.com/domestic-violence-abuse-38/court-date-another-state-485437.html[/url]

[DevotedDad]

Thank you for responding. The answers to your questions are as follows...

Originally Posted by Dogmatique

Do you have any idea why your son would have said that?

2. What exactly is the purpose of the hearing?

1. Probably because as I had stated in my thread that when everytime I had checked my son's owies, I comforted him and apologized for kicking him. Also my ex-wife told me that she did not know either, that it was not discussed with her, so I don't know exactly what my son had said.

2. It is a summons to appear in court to answer charges made against me for the public offense of a class B misdemeanor of child abuse. That I recklessly caused physical injury upon a child.

Also this is a identical post which was under a different heading title, sorry I have never done anything like this before, so I do not know how to change it.

Is there any advise that you could give me? I have never been through anything like this and I cannot afford an attorney. Thank you.

[Proserpina]

Originally Posted by DevotedDad

Thank you for responding. The answers to your questions are as follows...

1. It is a summons to appear in court to answer charges made against me for the public offense of a class B misdemeanor of child abuse. That I recklessly caused physical injury upon a child.

You have a choice to make. You can either find/beg/borrow the money so you can attend the hearing or you can ask for a continuance which may or many not be granted. Regardless you cannot afford to miss this hearing.

[DevotedDad]

Thanks again for responding. I have tried to borrow money from my family, but they can't swing it. Do you by any chance know how I would go about asking for a continuance? and if not, what would happen when I don't show?

[CdwJava]

Telephone the court and ask for the procedure to request a continuance.

If you do not show and do not have a continuance, you can expect a warrant to be issued for your arrest.

- Carl

[Ronin]

In Utah a class B misdemeanor carries the possibility of jail. You should be entitled to a court appointed attorney if you cannot afford one.

Contact the court right away and request information on a continuance and the procedures for getting a court appointed attorney.

Simply not showing up for court is a very bad choice, and will have undesirable repurcussions, both personally to you and as a parent to your child.

Bottom line is you and your children are the only eye witnesses to what occurred. CPS and the detective can only speculate or inferentially extrapolate what else may have happened. Anything the kids may have said you believe was taken out of context can be challenged as hearsay. If you are honest, most court appointed attorneys can make short work of a case such as yours.