Overview of Child Abuse Laws

In the United States, the laws relating to Child Abuse date from the 18th Century.  The law came about due to the fact that existing Animal Cruelty laws prevented Animal Abuse, but there were no child cruelty laws to prevent Child Abuse. 

Since then, the law has undergone several modifications and as it stands now, presents a fairly comprehensive framework to address the issue of Child Abuse. 

The law states that Child Abuse goes beyond merely a physical assault on the child.  It includes emotional and sexual abuse.  In addition, the law states that neglecting a child constitutes abuse as well. 

The government has involved other caretakers who are involved in the development of the child in order to more accurately target abusers.  Teachers and Doctors who suspect that a child is a victim of abuse are now required by law to report it to the authorities. 

The Scope Of Child Abuse Laws

Child Abuse laws are centered around the concept of "Harm".  The offense is defined as any action or lack of it that causes emotional, or physical harm, or sexual abuse.  In addition, parents, guardians, and caretakers are required to provide ample protection for children, and any negligent action that places them at serious risk is considered to be abuse as well. 

In some states, it is a felony to handle certain substances, notably drugs in the presence of a child, and such cases attract greater penalties than a normal drug offense. 

Parents and guardians are also held liable for child abuse if they do not provide adequate education and medical attention to their wards. 

Line Between Discipline And Child Abuse

There is considerable dispute as to what extent parents are allowed to use physical punishment as a form of discipline.  Due to the considerable cultural variations that exist among ethnic groups, the law has substantial difficulty figuring out what is child abuse and what is discipline. 

Not All Discipline Is Abuse

If as a parent, you have been accused of Child Abuse when you were merely disciplining your child, you must contact our Clawson & Clawson LLP attorneys immediately.  We will ensure that the court understands your point of view, and that your rights are protected. 

False Allegations Of Child Abuse

Due to the emotional reaction of society regarding child abuse, it is frequently misused by vengeful spouses in custody battles.  If this is true in your case, it is important that you get an experienced and professional attorney immediately who will defend you against false accusations. 

Even if you feel that the truth will come out eventually, it can leave a black mark on your record and/or your reputation. 

Overzealous teachers or doctors have also been known to levy false charges of Child Abuse upon hapless parents.  Due to the moral outrage of various groups, it is not easy for you to defend against these charges, and you need an experienced attorney by your side who understands the atmosphere has the ability to get the charges dropped. 

Make no mistake.  Child Abuse is a serious charge, and unless you get professional help immediately, the chances are that you will bear unjustified shame and the consequences for the rest of your life.  Contact a Clawson & Clawson, LLP, attorney now.