Legal Consequences of Abuse

Child Abuse

It's a crime in every state for a parent, or a person in the role of parent, to intentionally or recklessly injure a child. The injury involved may be:

• Physical
• Psychological
• Both physical and psychological

A state may require a parent to accept parenting training or assistance.

In extreme cases, the state may remove the child from the parent's home and place the child in an alternate home, usually either with a relative or in foster care.

In extraordinary cases, where the parent's conduct has been particularly outrageous or the parent shows a lack of capacity for rehabilitation, a court will terminate the parental relationship between the child and the parent. The child may be placed with a new family for adoption.

Each state has a procedure for reporting child abuse cases to an appropriate authority.

Each state also requires some individuals to report any observed incidents of abuse. This typically applies at a minimum to:

• Teachers
• Medical professionals
• Law enforcement personnel

Some states expand this reporting responsibility to all citizens.

Domestic Violence

Domestic violence is violent conduct between:

• Spouses
• Family members
• Those residing in the same household

Where the violence is between adults, a state generally won't get involved unless the conduct becomes criminal in nature. Most states have a list of criminal statutes that, if violated, qualify as domestic violence if the victim is a family member or lives with the person violating the statute.

The legal consequences of domestic violence vary from state to state.

In general, courts are authorized at a first (or "emergency") hearing to act on a temporary basis. For example, where there is reasonable suspicion that domestic violence has taken place, the court may temporarily restrain the person accused of domestic violence from contact with the victim.

Where appropriate, the court will restrain the person accused from contact with the children of the victim or the parties.

Temporary restraints may require the accused person to move out of the shared residence. These restraints may also bar contact at the workplace or school as well as the residence, heaping a substantial burden on the person accused of domestic violence.

Shortly following a first or emergency hearing, a court must hold a full hearing or a trial to determine whether or not domestic violence occurred.

If the court decides there was domestic violence, the judge can offer a wide range of remedies, which differ from state to state. These remedies may include:

• Permanent restraints
• Award of money damages
• Liability for child or spousal support
• Orders regarding child custody and visitation

Additionally, if a court finds someone to have been violent, the court may refer the matter to law enforcement for criminal prosecution.

Most states have shelters to house victims of domestic violence.

Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.

Related Web Links:

Domestic Violence Shelters and Information By State

Sherrie Bennett, with over 15 years of law practice, is the former director of Student Legal Services at the University of Washington in Seattle.

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