1. I have legal joint custody of my child. Can I take him or her away from my abusive ex-spouse without getting into trouble?
Yes. If you’ve taken the child away from your ex-spouse in order to protect the child from physical injury or emotional harm, or the threat of either, you are not guilty of child abduction charges.
2. I don’t have any custody rights to my child. What will happen if I take my child out of the state?
You most likely will be prosecuted for child abduction charges if you are caught. You will also have to pay restitution to the District Attorney’s office and/or the other parent if convicted.
3. I only have visitation rights with my children. I took them away from my ex-spouse who has full custody over them, but I returned them safely to her not long after. What can happen to me?
You may face prosecution for child abduction charges. However, because you returned them to her shortly thereafter with no harm done, the court may consider that fact as a mitigating, or lessening factor if you are convicted. A skilled criminal defense attorney may be able to get your charges reduced to a misdemeanor carrying little or no jail time.
4. If I am convicted of these Child Abduction charges what can happen to me?
Child abduction is a “wobbler” crime, meaning it can be charged and sentenced as either a misdemeanor or a felony. You face up to one year in county jail and/or a fine of up to $1000 for a misdemeanor conviction. You face up to four years in state prison and/or a fine of up to $10,000 if convicted of a felony. Additionally, you may be sued civilly for false imprisonment by the other parent or another person and be forced to pay a lot of money to the other person or parent for damages if you lose or have to settle the case.
5. Why do I need a lawyer from Wallin & Klarich if I have been arrested for Child Abduction charges?
A conviction for child abduction can mean jail or prison time, plus hefty fines. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending our clients facing Child Abduction charges and/or negotiating for alternative sentencing options that help them to avoid going to jail. With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the skilled criminal defense attorneys at Wallin & Klarich are here to help protect your rights and to help you achieve the best possible result in your case.
Call us today at (877) 4-NO-JAIL (877-466-5245) for a free telephone consultation. We will get through this together.
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