Posts tagged with "child abuse"

HOW NEW YORK STATE HANDLES SEXUAL ABUSES OF CHILDREN

A person who sexually abuses a child under 18, can be punished in different ways in the courts. In a criminal case, the People of the State of New York charge the abuser with crimes to punish and possibly imprison them. In a civil case, the victim sues the abuser for money to make up for any harm caused by the sexual abuse.

There are laws that say how long after an event, a court case can be started based on those events. These laws are called Statutes of Limitations. Under the Child Victims Act, child sex abuse victims now have more time to seek justice against their abusers. CPLR 214-G, CPL 30.10(3)f.

Time Period for Starting Cases-There are different time periods for starting cases against the child sex abuser or the institution that covered up or was involved in the abuse. The time period depends on the type of case.

WE FIGHT AGAINST DOMESTIC VIOLENCE, DO YOU NEED HELP?

What is domestic violence?

A person who has experienced domestic violence may ask the court for a restraining order.

  • What is domestic violence?
    • Domestic violence includes crimes by people who are, or were, in a family or romantic relationship or have ever lived together.
  • Who can get a domestic violence restraining order?
    • In general, people who are or were married, living together, or dating, and people with a child together, can qualify for a domestic violence restraining order.
  • What is a restraining order?
    • A restraining order bars someone from having contact with you and can provide other relief.
    • A “temporary” restraining order (TRO) is in effect until a court hearing can be scheduled for the judge to talk to both of the parties.
    • A “final” restraining order (FRO) is in effect permanently unless a judge grants the victim’s request to vacate the order.

Requesting a Restraining Order

  • Emergency: Call 911
  • During court hours: Go to the Family Division Office of the Superior Court in the county where you live or are staying, where the domestic violence happened, or where the other person lives.
  • When court is closed: Go to the police department where you live, where the domestic violence happened or where the other person lives.

To file a criminal complaint, in addition to requesting a restraining order, you must go to the munIcipal court or the police department where the act of domestic violence happened.

Neglect And Abuse Laws

Under state laws, it is a criminal offense for parents and legal guardians to fail to meet children’s basic needs, including food, clothing, shelter, medical treatment, and supervision. Such failure constitutes child neglect.

Child abuse laws make it a crime for adults to abuse children in their care. Such adults include parents, legal guardians, other adults in the home, and baby-sitters. Supervising adults may not go beyond reasonable physical punishment. For example, adults who beat children so severely that the children require medical treatment have violated these laws. Child abuse laws cover not only physical abuse and sexual abuse, but also emotional abuse, such as subjecting a child to extreme public humiliation.

A person may be guilty of child abuse that he or she did not personally commit if that person had legal responsibility for the child and failed to protect the child from the abuser.

Parenting, Child Support And Abuse.

Parents have a right to control the care and upbringing of their children. This gives parents the power to make various decisions affecting the child, including where to live, what school to attend, what religion to follow, and what medical treatment to obtain.

Normally the state may not interfere in these decisions. Only in life-threatening or extreme situations will the courts step in to over-rule parents. For example, when a child might die without the medical care that the parents refuse to provide, a judge may make the child a ward of the court (or the state) and order that the care be provided. Parents have been prosecuted for withholding medical treatment from seriously ill children. This has occurred even in situations where parents have followed their religious beliefs.

Although children can be hard to control (particularly adolescents), parents have the legal authority to control their children’s behavior and social lives. Parents may discipline or punish their children appropriately. They may not, however, use cruel methods or excessive force; that constitutes child abuse.

Child Protective Proceedings, What To Expect.

WHAT IS A CHILD PROTECTIVE PROCEEDING? 

When it appears that a child under 18 years old has been abused or neglected (harmed or not taken care of) or is in danger of being abused or neglected, a child protective agency may file a petition asking the Family Court to assist in protecting the child. In New York City, this agency is the Administration for Children’s Services (ACS). ACS is the petitioner, and the parent or caretaker is the respondent. It is the court’s responsibility to decide whether the allegations of abuse or neglect are true and, if so, what action the court should take to protect the child. 

Upon the filing of an abuse or neglect case, ACS may request that a child be placed away from the home for his or her protection or it may request that the child remain in the home under certain conditions. 

DO THE PARTIES NEED LAWYERS TO REPRESENT THEM? 

Although respondents have the right to represent themselves, a respondent should obtain a lawyer. Respondents may hire lawyers to represent them in court or ask the court to assign lawyers at no cost if they cannot afford to hire their own. Each respondent must have a separate lawyer.