The Mullen Law Group’s child abuse defense attorneys are leading Eau Claire and the Chippewa Valley due to their lawyers successful child abuse settlements in Wisconsin.
Category: Violent Crimes
Section: Child Abuse
Definition: Child Abuse
Child abuse encompasses physical child abuse, sexual child abuse, emotional abuse, neglect, Shaken Baby Syndrome, and Fetal Alcohol Syndrome. Although the statutes governing juvenile or family court and the mandatory reporting of child maltreatment are the primary laws that protect abused and neglected children, the majority of States are moving toward greater protection of children by specifically including child victims in their domestic violence definitions. The majority of states require that a special relationship exist between the child victim and the abuser. For example, some states include a minor child of a household member when the defendant is an adult household member, while others include a child of a spouse, a child of a respondent, or any child of a party. A few states extend protection to any child residing in the household. Certain jurisdictions also specifically include foster children, stepchildren, and grandchildren. Many jurisdictions just specify that children are covered. Although not explicitly listing children as persons intended to be protected, some additional states cover household members related by blood or marriage, persons residing in the same household, and persons living in the same domicile.
Domestic violence definitions also identify the prohibited abusive conduct committed toward children. Such behavior usually includes physical, sexual, and emotional attacks against a child. It may also involve stalking, threatening, harassing and placing a child in fear of physical harm. Many states, however, do not specify the amount or extent of violence required by the perpetrator. Some state statutes provide that a single act of domestic violence can suffice. A few states also provide exemptions for certain acts or omissions in their definitions of domestic violence. For example, in several jurisdictions, corporal discipline of a child by a parent or guardian for disciplinary purposes does not constitute domestic violence when the discipline is reasonable.
Federal legislation provides a foundation for states by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at minimum:
* Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or
* An act or failure to act which presents an imminent risk of serious harm. Within the minimum standards set by CAPTA, each state is responsible for providing its own definitions of child abuse and neglect. Most states recognize four major types of maltreatment: neglect, physical abuse, sexual abuse, and emotional abuse.
The following is an example of a Federal Statute defining Child Abuse:
According to 42 USCS § 5119c(3) [Title 42. The Public Health and Welfare; Chapter 67. Child Abuse Prevention and Treatment and Adoption Reform; Child Abuse Crime Information and Background Checks] the term “child abuse crime” means “a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person.”
Topic Expanded: Child Abuse
The child abuse defense lawyers at The Mullen Law Group excel in representing clients in all aspects of child abuse cases. Child abuse is a serious charge that can have severe consequences. The Mullen Law Group’s child abuse lawyers have extensive experience defending clients from child abuse allegations and are committed to providing an aggressive defense on the clients behalf. In a child abuse case it is essential to have a dedicated attorney that engages early and strives to get the case either dismissed or settled out of court. Have Wisconsin’s premier child abuse attorneys prove their success in settling cases out of court and preventing charges from ever being filed.
If charges of a child abuse related crime have been filed or are in process, an experienced child abuse defense team will be able to improve the outcome. Remember, it is easier to prevent a child abuse charge from being filed than it is to receive a not guilty verdict in court once it has already been charged.
Recommendation: Child Abuse
It is extremely important to hire a criminal child abuse attorney to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. The Mullen Law Group’s child abuse lawyers maintain an extremely high rate of success. Our determined focus is to:
- Keep a felony child abuse allegation out of court
- Use our knowledge base to settle strategically
- Fight for the best outcome our client is facing
In some situations, it may be difficult for the prosecution to pursue or prove a child abuse case. This is due to the fact that the intent of the defendant is a key part of the charges. To be convicted of committing some type of child abuse, the prosecution must prove beyond a reasonable doubt that the defendant intentionally made the attempt to or actually child abuse. If a child abuse case goes to court, there is often no recovery of losses for the plaintiff because a judgment has ordered prison or jail time.
Although the evidence may seem substantial, there are many options an attorney can use to challenge the child abuse charges. It is important to act quickly to involve a legal professional who can properly assert rights and act as a knowledgeable voice inside and outside of the courtroom. Our criminal defense lawyers have achieved amazing results in child abuse cases during the pre-file stage as well as in the courtroom. Our attorneys have the expertise to have child abuse cases completely dismissed, or pursue a lower sentence for the client.
Don’t let a child abuse charge jeopardize your future, contact us immediately to find out how an exceptional child abuse attorney can help you.
We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.