Child Abuse

Child Abuse Defense Attorneys

It can be tremendously difficult to face charges of child abuse. Yet most people will rush to a judgment of guilt instead of allowing an accused person to tell his or her side. If you have been accused of a serious crime like child abuse, you deserve a strong defense.

Attorney Timothy Richardson, of San Diego Criminal Defense, will use their years of experience in hundreds of criminal cases to defend anyone accused of child abuse in San Diego County. Contact us for a free confidential consultation.

About Child Abuse Charges

In California, as in every state, it is a crime 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

The 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.

Reporting Child Abuse

There is a specific procedure for reporting child abuse cases to an appropriate authority. Some individuals are required to report any observed incidents of abuse. This typically applies at a minimum to:

• Teachers
• Medical professionals
• Law enforcement personnel

In some states, this reporting responsibility is expanded to all citizens.

Domestic Violence

Technically, child abuse falls under the category of domestic violence. Domestic violence is defined as any violent conduct between:

• Spouses
• Family members
• Those residing in the same household causing or threatening injury.

Where the violence is between adults, a state generally won’t get involved unless the conduct becomes criminal in nature. See our domestic violence page for a list of criminal statutes that, if violated, qualify as domestic violence in California.

After an Accusation

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 alleged victim.

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.

The Hearing or Trial

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 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 that someone has been violent, the court may refer the matter to law enforcement for criminal prosecution. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser. (See more information on our Domestic Violence FAQs.)

Contact Us

To speak with one of our lawyers about a child abuse charge, call 619.894.8595 or email us through our contact page. We can meet with you in a free confidential consultation during weekdays, weekends or evenings, and we have a 24-hour answering service ready to take your call.