The types of child abuse that will be prosecuted under California’s domestic violence laws
Child abuse, defined under California’s domestic violence laws, is any abuse, including physical, sexual, emotional abuse or neglect, that is directed as one’s child, under the age of 18, whether the child is personally the victim of the abuse or whether he or she is a witness to the abuse that is taking place in his or her home.
Child abuse is, unfortunately, a rapidly growing problem in this country and California is among the toughest states on child abusers. It exists in all parts of the country and occurs in homes regardless of the race, religion or economic status of its residents. Both homosexual couples and same-sex partnerships are guilty of abusing their children and its effects on children are overwhelmingly devastating.
Physical child abuse will be prosecuted as a California crime of domestic abuse when an individual intentionally inflicts an injury upon his or her child. About 25% of all of the confirmed cases of child abuse in this country involve physical abuse. Incidents of physical abuse generally occur when a parent is stressed and unable to control his or her impulses, which leads the parent or her to strike his or her child, oftentimes without consideration for his or her consequences. Other times, a child may become the victim of physical abuse if he or she tries to intervene to protect a parent who is being abused. Unfortunately, due to an adult’s size and strength, a parent may unintentionally severely injure or even kill his or her child during a moment of rage. Sadly, many parents who abuse their children were also abused as children and don’t realize that physical punishment is an inappropriate form of discipline.
Child sexual abuse will be treated as a D.V. crime when an activity is either performed on one’s child or performed in front of one’s child that is for the sexual gratification of the parent. It includes, but isn’t limited to, sexual touching or intercourse, allowing one’s child to watch pornography and persuading one’s child to expose his or her sexual organs.
Emotional abuse will be charged as a DV crime when one rejects, criticizes, terrorizes, ignores or isolates his or her child. Although emotional abuse is the third highest form of reported child abuse, following physical abuse and neglect, it is believed to be vastly underreported because it is difficult to prove and is usually seen in connection with other types of abuse. Emotional abuse, when directed at one’s child, can be one of the most destructive types of abuse that a child can suffer. Children who are consistently shamed, rejected or ignored suffer at least as much pain as a child who is physically abused and, most likely, even more. A child who is emotionally abused by his or her parent will often display destructive behavior, may engage in drug and/or substance abuse, will have a difficult time establishing relationships with others, will withdraw, will suffer from poor self-esteem and may ultimately even attempt suicide.
Neglect is a type of child endangerment that exists when a parent fails to satisfy his or her child’s basic needs. The neglect can vary and may include a parent not providing supervision, shelter, food or clothing, a parent ignoring his or her child’s emotional or psychological needs (for example, permitting drug and/or alcohol abuse in the home which is witnessed by the child) or a parent failing to ensure that his or her child receives proper schooling and medical treatment when necessary.
The penalties for domestic violence related child abuse are severe and may have life changing consequences for everyone involved. The offender faces child custody issues, significant jail or prison time and many other requirements that are imposed in an effort to both punish and rehabilitate the individual. To help keep these possibilities from becoming a reality, contact the criminal defense lawyers at the Kavinoky Law Firm today for a free consultation.
