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Domestic Violence and Children | Classifications of Child Abuse
Classifications of Child Abuse
Under California’s Domestic Violence Laws

 

The state of California defines child abuse as any physical, sexual, or emotional abuse or neglect directed toward one’s child who is under 18 years of age. This crime of domestic violence will be prosecuted whether the child itself is the victim of the abuse or whether he or she witnesses the abuse of others in his or her home. The state has some of the harshest laws in the country regarding child abuse and this type of abuse has been rapidly growing across the nation in all socioeconomic groups. Children raised by both homosexual and heterosexual couples may experience child abuse. The effects on children are very damaging and can affect all aspects of their lives.

One of the main types of child abuse is physical abuse and occurs when an individual intentionally inflicts an injury upon his or her child. Roughly 25% of verified child abuse cases in the United States involve physical abuse. Many cases of child abuse are the result of high levels of stress on one or both parents causing an inability to control his or her impulses. This lack of impulse control can lead the parent to strike his or her child, with blatant disregard for the consequences. Other times, a child may endure physical abuse if he or she tries to protect a parent who is being abused. The fact that the parent is usually bigger and stronger than the child can make the situation worse. A parent may not think about this discrepancy during a moment of rage and unintentionally injure or even kill his or her child. This behavior is often a result of a cycle of abuse as many parents who abuse their kids were also abused as children. They may not have learned that severe physical punishment is an unacceptable way to discipline a child.

Another main type of child abuse is sexual abuse and occurs when an activity that is sexual in nature is either performed on one’s child or performed in front of one’s child. This type of abuse includes, but is not limited to, sexual touching or intercourse, persuading one’s child to expose his or her sexual organs, or allowing one’s child to view pornography of any kind.

Emotional abuse is another type of child abuse that is charged as a DV crime in California. This type of abuse occurs when one rejects, criticizes, terrorizes, ignores or isolates his or her child. Although emotional abuse is the third most prevalent form of documented child abuse, it is likely vastly underreported because it is usually seen in connection with other types of abuse and is very difficult to prove. Emotional abuse of a child can be one of the most destructive types of abuse that a child experiences. Children who are consistently rejected, shamed, or ignored suffer as much, if not more pain as children who are physically abused. Children who have been the victims of emotional abuse may display destructive behaviors such as engaging in drug and/or substance abuse and may have difficulties in relationships with others. In addition, they may withdraw from social groups, suffer from poor self-esteem and in some cases attempt suicide.

Another form of child abuse is neglect. Neglect is a type of child endangerment that occurs when a parent does not satisfy his or her child’s basic needs. Child neglect varies from case to case and can range from a parent not providing food, shelter, or clothing to a parent ignoring his or her child’s emotional or psychological needs. The child may be malnourished, emotionally sick, or even engaging in disruptive behaviors such as taking drugs or being sexually active because of the lack of proper parenting.

A person faced with the domestic violence charge of child abuse has serious problems to consider. The court does not take such charges lightly and will always try to impost the most stringent legal penalty possible. There are child custody issues in addition to the probability of parole and possibility of jail time. An individual who has been charged with child abuse must employ a skilled attorney to avoid life-changing legal consequences. Contacting the criminal defense lawyers at the Kavinoky Law Firm is vital to protecting the rights and interests of all persons involved. The Kavinoky attorneys have helped hundreds of families deal with these issues and will treat their clients with dignity and respect, ensuring the best results possible.

 
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