The most extreme forms of child abuse are physical abuse and sexual abuse.  Unlike other forms of child abuse or neglect, which may be a mere instance of ignorance, physical and sexual abuse are typically forms of aggression, hatred, power, control, disrespect, etc.  These most complex types of abuse are highly charged in Family court because of the criminal component, the impact on child custody and visitation and the social stigma associated with it. 

         A parent can inflict physical or emotional harm intentionally, recklessly or negligently but not accidentally.  The injury, however, must be a serious disfigurement, protracted impairment of physical or emotional health or protracted loss, impairment of bodily organ function or creates a substantial risk of such injury or death. Failure to act can also lead to a finding of child abuse. For instance, less serious injuries can often arise to the level of physical abuse when the condition was left untreated and becomes life threatening.  Or when the parent allows another to commit child abuse or neglect against their child, this too can lead to a finding of child abuse.  Proving such abuse usually takes the testimony of expert witness, which at times creates problems when it comes down to a battle of the experts.

          Emotional abuse is a form of child abuse when physical harm that is not as serious, causes long term emotional impairment by causing or creating a substantial risk of protracted impairment of emotional health.  Although corporal punishment is legal and not necessarily considered child abuse, the repeated use of corporal punishment can arise to the level of abuse.

          Sexual abuse is obviously when a parent allows or permits or encourages a child to engage in sexual acts or acts of sodomy.  This is most difficult because it has to be the child that corroborates the sexual abuse.  Sometimes children are afraid, have inconsistencies in their stories, experience emotional and psychological trauma or have pressures from family, all of which makes their testimony somewhat unreliable. 

         Treatment of child abuse victims and perpetrators in these instances is a lot more in-depth and intensive.  Once the parent has had allegations of such abuse lodged against them, the tone of every instance of the case (and related cases) becomes subject to higher scrutiny.  Intensive therapy, individual counseling, psychiatric evaluations and testing, prevention classes, orders of protection, restricted or limited child visitation are amongst the many devices implemented to safeguard the child from future harm.  And although rehabilitation is often the aim, these objectives do little to address actual prevention. 

          Awareness is a key element.  Getting the word and getting educated on the signs of abuse can minimize the proliferation of child abuse.

          Feel free to contact me to discuss your child abuse, child neglect or other family law case.