Child Abuse Defense Laws
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What Constitutes Child Abuse?
Child abuse is a broad term that generally includes any intentional conduct that causes harm, injury, or psychological trauma to a child. In most cases, this involves some sort of physical abuse that results in injury to the child. However, child abuse can also include other forms of conduct, including:
- Conduct resulting in physical, mental, or emotional harm
- Neglect of the child (for instance, failing to provide the child with food or other necessities)
- Child abandonment
- Exposing a child to dangerous or offensive situations
Many child abuse cases involve a variety of different child abuse law violations, especially as child abuse laws are continuing to recognize more actions and inactions as forms of abuse over time. Child abuse is sometimes called by other names such as child maltreatment.
Are There Any Defenses to Child Abuse?
Child abuse is a serious offense and can result in major legal consequences. However, depending on the circumstances, there are several situations in which a person accused of child abuse can raise a defense. Common child abuse defenses include:
- False child abuse claim: A person could file a false child abuse claim if they do not understand the definition of child abuse.
- Lack of evidence: Accusations must be supported by evidence, such as witness testimony or marks on the child’s body.
- No causation: A person must be the direct cause of a child’s injuries in order to be held liable for abuse. If the child’s injuries are the result of an accident or some other cause, it can provide a defense for the accused party.
- Parent’s right to discipline a child: Depending on state laws parents may have the right to discipline their child using physical conduct, up to a certain extent.
False child abuse claims can often be considered a frivolous legal claim or an abuse of the justice system. False claims can also lead to legal consequences.
What Are the Legal Penalties for Child Abuse?
Child abuse can lead to strict penalties. If a person cannot successfully raise a defense, they may face consequences such as:
- Loss of custody or visitation rights
- Civil fines
- Criminal punishments, such as jail time and criminal fines
Lastly, some child abuse cases may lead to a restraining order, which prevents the abuser from coming within a certain distance of the victim.
Should I Hire a Lawyer for Help with Child Abuse Defenses?
Child abuse laws are intended to protect children and minors from harmful conduct. However, they also contain provisions which protect parents and guardians from false accusations. You may need to hire a family law attorney in your area if you need any assistance with a child abuse claim. Your attorney can research the laws which are specific to your state, to help determine what types of defenses may be available. Also, your lawyer can provide guidance and representation during family court proceedings.
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Last Modified: 08-10-2015 08:01 PM PDT
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