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Under the Family Code Section 261, behaviors that constitute a risk of injury to a minor include mental or emotional injury that results in clear impairment in the child’s growth, development, or psychological functioning. Other situations that might constitute a risk of injury to a minor involve any circumstance where they sustain a mental, emotional, or physical injury, failure to make a reasonable effort to prevent an action by another person that results in physical injury, harmful sexual conduct, and allowing obscene photographing, filming, or other depictions.
This offense is treated extremely seriously by law enforcement and the courts, making it important that a Lubbock risk of injury to a minor lawyer is consulted. To learn more or begin building a defense for your charges, schedule a consultation with the domestic violence attorneys at our office today.
Circumstances of a Risk of Injury to a Minor Claim
Many behaviors constitute a risk of injury to a minor. But any sexual activity will be a reason to suspect child endangerment. Abuse and neglect also count, but they have technical definitions in the statute. Because the statute is broad, the claim can relate to many different circumstances. The best way to recognize a circumstance is to confer with a lawyer in Lubbock who focuses on the risk of injury to minor cases.
Child Endangerment Arrests
When there is an arrest, it is typically going to be for something under the Penal Code, like an assault or prostitution. The arrest process would be the same for the risk of injury to a minor charge in Lubbock. The person is going to get handcuffed and law enforcement will be read their rights.
After the arrest, the process involves a booking out bond, trying to make a bond. Getting an attorney, having an arraignment, and getting the person’s name on the paper. In addition, the police officer will have to write a special report. That report will get turned over to the Texas Department of Family and Protective Services. That will trigger their investigative process, which may include an emergency protective order. The emergency protective order can happen without a hearing. That, in turn, can deny a person possessory rights or rights to be around the family. As well as deny the person the right to stay in their current home. A lot of things are triggered when there is an arrest for child endangerment.
Role of Lubbock Risk of Injury Lawyers
On the criminal side, a person will have an attorney that is familiar with the risk of injury in minor cases. The client will then be better equipped with relationships with the district attorney. They will know the judges, and they will know the legal aspects of their case. Different counties act differently in terms of juries. For instance, in a recent case in a county near Lubbock. The juries are harsher to convict clients with certain offenses. When a lawyer knows this information, they are more aware of the demographics of their area. Which will better help the person.
Therefore, it is an advantage to have a lawyer in Lubbock who is familiar with the risk of injury to minor cases.