How to Press Charges for Child Abuse

Nobody wants to learn that their child is a victim of abuse or neglect. This is especially true when your child is suffering from child sexual abuse. As a parent, all you want to do is protect your child. This may seem impossible when it comes to child abuse.

When you suspect that someone is abusing your child, you may want to take matters into your own hands. However, the only way to get real justice is to report the abuse and press criminal charges.

In this article, we’ll briefly discuss the different types of child abuse and explain how to press charges for child abuse.

If you know or suspect that someone is hurting your child, contact law enforcement or your state’s child protection agency right away. You also might want to consider getting help from a lawyer.

A local family law or domestic violence attorney can help you navigate the process of obtaining protective orders, pursuing child abuse charges, and dealing with law enforcement. They’ll work hard to hold the perpetrator accountable.

Most Common Types of Child Abuse and Neglect

Every state has strict laws on child abuse and child neglect, including laws on reporting suspected abuse. If you suspect child abuse, you should report it immediately. This is true whether the victim is your child or not.

It’s vital to know and be able to recognize the signs of child abuse and neglect. It’s also essential that you communicate your suspicions to the local authorities, including your state’s Department of Child Protective Services (CPS).

The most common types of child abuse include:

• Physical abuse and physical injuries
• Injury to a child’s emotional or mental health
• Exposure to domestic violence
• Sexual exploitation
• Sexual abuse
• Endangering a child’s welfare
• Denying a child medical care
• Depriving a child of life’s necessities
• Exposing a child to drug or alcohol abuse
• Any other form of maltreatment
• Any other act that threatens a child’s well-being

If you truly believe a child is the victim of abuse or neglect, you must report it. You will not face legal repercussions if you make a report in good faith.

How to Report Suspected Child Abuse

Nearly 2,000 reports of child abuse and neglect are filed every year. Some of these cases involve nothing more than ordinary discipline. However, many others involve significant threats to a child’s safety.

If you believe a child is experiencing abuse or neglect, you can call the ChildHelp National Child Abuse Hotline at 1-800-422-4453. The people at this phone number will provide detailed information on making an official report.

In most states, a mandated reporter submits their report to the state Department of Child Services or Social Services. These agencies will initiate an investigation into a child abuse case and determine what action, if any, they must take.

If the investigative agency identifies abuse, sexual abuse, or neglect, it will notify local law enforcement. If the evidence warrants further action, the police will arrest the alleged abuser and take them into custody.

Pressing Charges for Child Abuse

You’ve probably heard of people deciding whether they want to "press charges" for things like assault or battery. But it’s important to understand that criminal charges are filed by local prosecutors, not the victim or even the police.

Crime victims and their families will often cooperate with prosecutors during a criminal investigation. The prosecutor may even ask if the family wants charges filed. But in the end, pressing charges falls under prosecutorial discretion. This means the prosecutor can file charges even if the victim objects. They can also choose not to file charges if they believe there is not enough evidence to convict.

If you believe someone is abusing a child, you must report the abuse to the authorities. Your local law enforcement agency will assign a police officer to investigate the allegations. If they find sufficient evidence of abuse or neglect, the officer will hand the case over to the prosecutor to pursue criminal charges.

Once the prosecutor files charges against the person committing the suspected abuse (the defendant), they will seek an indictment. The defendant will then attend an arraignment, where the judge will read the charges and the defendant will enter their plea.

In most child abuse cases, the prosecutor or district attorney negotiates a plea bargain with the defendant’s criminal defense attorney. If this isn’t possible, the case will go to trial, where a judge (or jury) will determine the defendant’s guilt or innocence.

If the defendant is found guilty, the judge will issue their sentence, ranging from probation and fines to prison time.

Who Can the State File Child Abuse Charges Against?

Anyone who abuses or neglects a child can be subject to criminal prosecution. When a mandated reporter submits a report of suspected abuse, they typically do so regarding a child’s family member. This can include the child’s biological parents or, if the child is in foster care, the foster family.

The state may also pursue allegations of child abuse against the following individuals:

• Childcare workers
• Daycare workers
• Teachers and other school personnel
• Medical staff and other healthcare providers
• Family members
• Friends or neighbors
• Caregivers
• Social workers
• Any third party who is abusing their child

If local law enforcement chooses to pursue a criminal case, they’ll arrest the alleged abuser and conduct a thorough investigation. If there is sufficient evidence of the alleged abuse or neglect, the county prosecutor will pursue criminal charges against the suspect.

Penalties for Child Abuse, Neglect, and Child Sexual Abuse

If the defendant is found guilty of child abuse or neglect, they will face serious consequences. This may include some or all of the following:

• Jail or a prison sentence
• Probation
• Fines
• Limiting parental rights
• Supervised visitation
• Parenting classes
• Counseling
• Remove the child from their home

Every state has unique child abuse laws, and the penalties depend on state statutes. For example, in Illinois, a person guilty of aggravated battery of a child faces anywhere from six to 30 years in prison. In New York, child endangerment is punishable by up to 25 years in prison.

How Can a Lawyer Help?

If someone is abusing your child, contact law enforcement or child protective services right away. They will get the process started. Criminal charges are filed on behalf of the state, so you won’t need someone to represent you in criminal court.

But, it can be helpful to get advice from a local family law attorney during this difficult time. They can help you gather information that will aid prosecutors as they pursue criminal charges against the suspected abuser. They can also answer any questions you have about related issues like protective orders, child custody concerns, and filing for divorce.

Having a trusted advocate to protect your interests can make all the difference.