Child Abduction Attorney in Orange County, CA
Every parent’s worst nightmare is having their child taken from them. If someone abducted your child, and for whatever reason, the case was not prosecuted, you may feel powerless, angry, and afraid. You and your child deserve justice and should have the confidence on your side to pursue it. Enlist the help of an experienced Orange County child abduction lawyer to help you pursue your case.
Hire a Child Abduction Lawyer
If your child has been abducted and the police did not find enough evidence to pursue criminal charges, or did not want to pursue charges for whatever reason, you don’t have to give up. You can hire a child abduction lawyer to help you pursue justice. Your attorney can help gather more information about your case, including any evidence they can find, and communicate with law enforcement for you.
At The Brewer Law Firm, we advocate for people who fall through the cracks of the justice system. The people we represent are defendants who are unfairly accused, witnesses who need support, and victims who need a voice. For every case we take, we assemble the resources we need to pursue a favorable outcome, even if that means seeking the help of other attorneys around the country.
Our office is located on Jamboree Road in Newport Beach, making us easily accessible for most of our Orange County clients. The president of our firm, Mike Brewer, brings over three decades of experience to the table. No matter the challenge, we rise to meet it.
What Constitutes Child Abduction in California?
Child abduction is defined by Chapter 4, Section 278 of the California Penal Code. According to the legal definition, any person who intentionally abducts, hides, or otherwise separates from a loved one any child with the intent to withhold that child from a lawful custodian is committing the crime of child abduction.
This means that if you had a custody agreement with your child’s other parent, and they refused to give your child to you for the court-ordered time, they have abducted your child. Most child abduction cases involve this sort of situation, and sometimes the other parent does not recognize the seriousness of violating the court order.
Sometimes, child abductions are committed by other family members, such as grandparents, who do not have any legal right to the child. These cases are a bit more straightforward, as there is less question of malicious intent. A parent or family member is the perpetrator in many abduction cases. In fact, in 2022, family abductions accounted for 58% of Amber Alerts issued.
Many family abduction cases are resolved very quickly, with about 23% of ordeals lasting fewer than 24 hours. Even so, child abductions still leave emotional and psychological scars for the victims, both the child involved and the parent or family member who should have had the child. In other cases, children are not returned quickly, and the abductor continues to hold them unlawfully.
What Are the Possible Consequences for Child Abduction?
Child abduction is a crime, and it can be prosecuted and punished as such. California Penal Code Chapter 4, Section 278 states that simple abduction with no prior convictions or aggravating factors is punishable by a prison sentence of up to one year and a fine of up to $1,000. If the abductor has a prior felony conviction or other aggravating factors, the prison sentence can be up to four years, and the fine can be up to $10,000.
A conviction on child abduction charges can also result in permanent loss of custody or visitation of the perpetrator’s child or children.
Experienced legal help
is just a call away
FAQs About Orange County, CA Child Abduction Laws
Is Child Abduction Different From Kidnapping?
Child abduction is different from kidnapping. Child abduction is defined as maliciously removing, enticing, or concealing a child to keep them from the person who should have custody of them. Kidnapping involves using force or the threat of force to intimidate a victim and move them from one place to another. Abduction does not even necessarily involve relocating the victim. Simply hiding a child or keeping them from the other parent constitutes abduction.
Can One Parent Keep a Child From the Other Without a Court Order in California?
One parent cannot lawfully keep a child from the other parent without a signed custody order in the state of California. Until there is a custody order in place, both parents are legally considered to have equal parental rights and responsibilities. One parent keeping a child away from the other parent in the absence of a legal court order constitutes child abduction. In cases of abuse or danger to the child, the parent may be found to have acted reasonably after the fact.
If the Abductor Brought My Child Back, Can I Still Pursue the Case?
Even if the abductor returned your child, you could still pursue justice. Your child may have been returned, but you still suffered trauma, fear, and distress, and your child may have also. If the police will not pursue the case, you can consult a child abduction attorney to help you put evidence together and communicate with the courts in the hope of triggering charges.
Is Child Abduction a Felony in California?
Child abduction can be prosecuted as a felony or a misdemeanor in California. Whether felony or misdemeanor charges are pursued depends on the particulars of the case and the prior criminal record, or lack thereof, of the abductor. Your attorney can give you some insight into whether your case could result in a felony or misdemeanor charge for the perpetrator.
Contact an Orange County Child Abduction Lawyer Today
If your child has been abducted and the legal system has failed to pursue charges, you don’t have to give up on pursuing justice. At The Brewer Law Firm, we focus on advocating for people who might otherwise be unheard. Let us help you keep your child safe and protect your peace of mind. Contact us today to find out how we can help you.
