Mullen, Schlough & Associate’s child abuse defense attorneys are leading Eau Claire and the Chippewa Valley due to their lawyers successful child abuse settlements in Wisconsin.

Category: Violent Crimes
Section: Child Abuse

Definition: Child Abuse
Child abuse encompasses physical child abuse, sexual child abuse, emotional abuse, neglect, Shaken Baby Syndrome, and Fetal Alcohol Syndrome. Although the statutes governing juvenile or family court and the mandatory reporting of child maltreatment are the primary laws that protect abused and neglected children, the majority of States are moving toward greater protection of children by specifically including child victims in their domestic violence definitions. The majority of states require that a special relationship exist between the child victim and the abuser. For example, some states include a minor child of a household member when the defendant is an adult household member, while others include a child of a spouse, a child of a respondent, or any child of a party. A few states extend protection to any child residing in the household. Certain jurisdictions also specifically include foster children, stepchildren, and grandchildren. Many jurisdictions just specify that children are covered. Although not explicitly listing children as persons intended to be protected, some additional states cover household members related by blood or marriage, persons residing in the same household, and persons living in the same domicile.
Domestic violence definitions also identify the prohibited abusive conduct committed toward children. Such behavior usually includes physical, sexual, and emotional attacks against a child. It may also involve stalking, threatening, harassing and placing a child in fear of physical harm. Many states, however, do not specify the amount or extent of violence required by the perpetrator. Some state statutes provide that a single act of domestic violence can suffice. A few states also provide exemptions for certain acts or omissions in their definitions of domestic violence. For example, in several jurisdictions, corporal discipline of a child by a parent or guardian for disciplinary purposes does not constitute domestic violence when the discipline is reasonable.
Federal legislation provides a foundation for states by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at minimum:
* Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or
* An act or failure to act which presents an imminent risk of serious harm. Within the minimum standards set by CAPTA, each state is responsible for providing its own definitions of child abuse and neglect. Most states recognize four major types of maltreatment: neglect, physical abuse, sexual abuse, and emotional abuse.
The following is an example of a Federal Statute defining Child Abuse:
According to 42 USCS § 5119c(3) [Title 42. The Public Health and Welfare; Chapter 67. Child Abuse Prevention and Treatment and Adoption Reform; Child Abuse Crime Information and Background Checks] the term “child abuse crime” means “a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person.”

Topic Expanded: Child Abuse
The child abuse defense lawyers at Mullen, Schlough & Associates excel in representing clients in all aspects of child abuse cases. Child abuse is a serious charge that can have severe consequences. The Mullen Law Group’s child abuse lawyers have extensive experience defending clients from child abuse allegations and are committed to providing an aggressive defense on the clients behalf. In a child abuse case it is essential to have a dedicated attorney that engages early and strives to get the case either dismissed or settled out of court. Have Wisconsin’s premier child abuse attorneys prove their success in settling cases out of court and preventing charges from ever being filed.

If charges of a child abuse related crime have been filed or are in process, an experienced child abuse defense team will be able to improve the outcome. Remember, it is easier to prevent a child abuse charge from being filed than it is to receive a not guilty verdict in court once it has already been charged.

Recommendation: Child Abuse
It is extremely important to hire a criminal child abuse attorney to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. The Mullen Law Group’s child abuse lawyers maintain an extremely high rate of success. Our determined focus is to:

  • Keep a felony child abuse allegation out of court
  • Use our knowledge base to settle strategically
  • Fight for the best outcome our client is facing

In some situations, it may be difficult for the prosecution to pursue or prove a child abuse case. This is due to the fact that the intent of the defendant is a key part of the charges. To be convicted of committing some type of child abuse, the prosecution must prove beyond a reasonable doubt that the defendant intentionally made the attempt to or actually child abuse. If a child abuse case goes to court, there is often no recovery of losses for the plaintiff because a judgment has ordered prison or jail time.

Although the evidence may seem substantial, there are many options an attorney can use to challenge the child abuse charges. It is important to act quickly to involve a legal professional who can properly assert rights and act as a knowledgeable voice inside and outside of the courtroom. Our criminal defense lawyers have achieved amazing results in child abuse cases during the pre-file stage as well as in the courtroom. Our attorneys have the expertise to have child abuse cases completely dismissed, or pursue a lower sentence for the client.

Don’t let a child abuse charge jeopardize your future, contact us immediately to find out how an exceptional child abuse attorney can help you.

We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.

So what will the attorneys at Mullen, Schlough & Associates do for me?

Whether you have a criminal case, drunk driving or some type of family law case like a divorce or custody matter, our attorneys have been handling these type and only these type cases for the better part of 14 years.  With that kind of experience comes “strategies and techniques” that we’ve found either work, work well or don’t work at all.

For example:

Telling the district attorney we’re going to take the case to a jury trial right from the start might get you a better offer from the start….and it might not.

Telling the district attorney we’re going to take your case to trial after we win an important motion or do some other “case altering event” will probably get you a better offer.

Telling the district attorney we’re going to take your case to a trial after receiving some damaging evidence motion hearing or losing an Important motion hearing WILL NOT get you a better offer.

OR

Telling the judge you’ve moved out with your kids one night without letting you wife know, moved in with your girlfriend and told your kids to start calling her Mom right in the middle of the school year while yanking your kids out of their school and enrolling them in a new school 200 miles away WILL NOT win a lot of bonus points with the vast majority of judges.

Reading these examples without living them seem pretty straight forward.  However, you as our clients will be living in the situation.  Most if not all our clients do what they do for a reason.

For example, I had a client that was enjoying a football game and the multitude of beer that went along with it.  During the 3rd quarter, he received a phone call, got in his car, drove 150 miles and got a DUI.  Seems straight forward and somewhat stupid right?  What if I told you his daughter was in a terrible car accident and on life support in the emergency room?  You probably won’t read about that in the drunk driving police report.

Though the district attorney didn’t have a lot of sympathy, a jury sure did.

THE POINT:  KNOWING WHAT TO DO WITH THE FACTS OF THE CASE WILL MAKE THE DIFFERENCE EVERY TIME.

What can you guys do for me that I can’t do myself?

We know what to do with the facts of your case.  Did you know that the police officer has to have his emergency lights off when he gives you the HGN {or also known as the “stare at the pen”) according to the National Highway Safety Manual?  If the cop didn’t, we can file a motion to have the field sobriety test thrown out. If the field sobriety test is thrown out, the entire case may be dismissed as well (whether you were drunk or not).

“Technicalities” like these are why we get cases dismissed before jury trials.  The district attorney is not going to help you find them.  The district attorney IS NOT going to point out what a poor job the cops did unless he has to.

Why is our firm better than the other ones?

Most trial attorneys know or have some idea what do with the facts of a case and “technicalities” as I’ve previously mentioned.  Some attorneys are, of course, better than others.

But why us?

  • We don’t believe in paralegals and staff. Therefore, when you call your attorney, you will speak directly to your attorney.
  • When a motion is filed, your attorney researched and filed it. Your attorney is going to argue it so they should know it inside and out.  That’s what you are paying for.
  • When your ex or soon to be ex does something, your attorney needs to know, not some secretary. The secretary is not going to argue the case in court, the attorney is.
  • If you have any billing or legal service statement issues, Attorney Mark Mullen, President and founding member of the firm answers the phone….always. He does the books, issues the checks and makes the financial calls on your case. If you call the main number, it will be him you talk to, period.
  • We encourage payment plans. Most of our clients are not rich and therefore cannot put down the entire amount of the retainer at the time of hiring.

What kind of money am I going to have upfront to hire you guys?

If you have a job or a credit card, we ask for half of the quoted retainer.   When you’re serious and ready to proceed with your case, putting SOME money down lets us know you’re serious.  When your serious and ready to go, so we.