Child abuse is tragically distressing and life-altering for young victims and their loved ones. If your child suffered abuse at the hands of a church, daycare center, babysitter, or neighbor, a Santa Ana and Anaheim child abuse lawyer is here to help you seek justice. Contact our firm to get in touch with a skilled child injury lawyer today.
California’s Child Abuse and Prevention Treatment Act (CAPTA) defines four types of child abuse: child neglect, physical abuse, emotional abuse, and sexual abuse.
Neglect is a failure to care for a child’s needs properly. Examples of child neglect include:
Physical abuse includes any type of physical harm to a child, such as punching, kicking, scratching, or shaking. Such abuse can result in broken bones, internal injuries, severe bleeding, and brain damage.
California law defines child emotional abuse as “a pattern of care that hinders a child’s emotional growth over time.” Examples include:
Child sexual abuse includes coercing, persuading, or tricking a child into engaging in sexual acts with an adult. Examples of sexual abuse include:
For more information on the types of child abuse, contact an attorney in Santa Ana and Anaheim experienced in handling such claims.
In California, several parties are required by law to report suspected or known child abuse to their local child protection agency. Mandatory reporters include:
As a Santa Ana and Anaheim lawyer could further explain, failing to report child abuse is a misdemeanor that carries a fine of up to $1,000 and up to six months in jail.
The signs of abuse can vary depending on the type of abuse the child has been subjected to. If you notice any of these signs, call a Santa Ana and Anaheim child abuse attorney.
Signs of physical abuse include:
Signs of sexual abuse include:
Signs of neglect include:
General signs of all types of abuse include:
With the help of a Santa Ana child abuse attorney, you can hold anyone who has committed abuse against a child liable for their actions, such as:
Unlike other types of personal injury cases, child abuse allegations fall under both criminal and civil law. If the alleged abuser’s criminal defense fails, they may have to spend time in prison. You can also file a civil claim against them, allowing you to sue for damages.
What’s the difference between a criminal case and a civil personal injury suit? A criminal case needs evidence “beyond a reasonable doubt” to convict the defendant. In a personal injury case, on the other hand, the burden of proof is less strict.
Thus, even if the defendant is found innocent in a criminal case due to a lack of proof, you can still recover damages with a civil claim. Contact a Santa Ana and Anaheim lawyer to learn more about the differences between child abuse civil and criminal claims.
Those subjected to child abuse can recover both economic and non-economic damages. Economic damages include things such as emergency treatment, ongoing medical care, physical therapy, and psychiatric care.
Victims can recover damages for “future financial consequences.” For example, they may recover damages if the abuse caused physical or psychological impairments that would prevent them from working as an adult.
Because child abuse is so harmful to victims emotionally, courts commonly award damages for mental anguish. A court may also award the victim punitive damages. Courts award these damages to plaintiffs when the defendant has acted maliciously or intentionally harmed the victim. During an initial consultation, a lawyer in Santa Ana and Anaheim could detail the compensation that may be available to child abuse victims.
Because child abuse victims are minors, they must rely on an adult to seek justice on their behalf. But what happens if their parent or guardian does not file a claim against the abuser before they turn 18? Can they still recover damages once they’ve reached adulthood?
Yes. California law gives child abuse victims until their 40th birthday to file a claim. So, even if the abuse happened decades ago, you can still recover some of your damages.
That’s not all. California’s discovery rule sometimes allows you to extend the deadline past your 40th birthday. This rule says that you can sue within five years of discovering that your injury was caused by child abuse, regardless of your age at the time of discovery. To ensure you do not miss any important child abuse case deadlines, contact a Santa Ana and Anaheim lawyer.
Here are the steps you must take when planning to file a child abuse claim:
Child abuse cases can be incredibly complex, especially if you are suing your abuser as an adult. For the strongest possible chance of recovering your damages, hiring a Santa Ana and Anaheim child abuse attorney who knows the ins and outs of California’s legal system is essential.
Your lawyer will meticulously gather evidence proving child abuse, calculate your damages, and provide court representation if necessary. Our attorneys are also trained to treat child abuse victims with sensitivity and respect.
Whether you are a parent who wants justice for your child or an adult wishing to seek compensation for abuse that happened when you were young, The Cifarelli Law Firm is here for you. Our firm shows compassion to victims while fighting aggressively for compensation. To learn more about victim rights, call (949) 502-8600 for a free consultation with a Santa Ana child abuse attorney.
In California, and other areas of the country, instances of child abuse, sexual abuse and molestation by sexual predators are found both where there are large numbers of children as well as in areas where there may be only a few children. It is the duty of organizations and their staff that provide childhood extracurricular activities, guidance, or education to do everything in their power to protect your child.
This means that if a leader within those organizations has had questionable, inappropriate or illegal relations with a child, he or she should be thoroughly investigated and brought to the attention of law enforcement. If organizations fail to do so, they could face substantial civil liability. In a situation as serious as this you need the help of a skilled child abuse attorney to defend and protect your child’s rights.
At The Cifarelli Law Firm, located in Orange County, California, we are skilled child abuse attorneys who are committed to making things right for you and your family by holding negligent parties and entities liable from a legal standpoint.
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California law outlines seven primary types of abuse including physical abuse, sexual abuse, willful cruelty, unjust punishment or corporal punishment, injury and any act or omission of neglect.
Mutual interaction between minors or any reasonable level of force used by police officers or school employees to maintain peace are not considered forms of child abuse. When in doubt, contact an attorney in Santa Ana and Anaheim for help understanding the definiation of child abuse.
Sadly, child abuse throughout all of California is common. Records from the County Social Services Agency show the following for the first three quarters of 2013:
Nearly 16,000 of the cases were reported by a therapist or counselor, school employee or member of law enforcement. Healthcare professionals reported almost 2,500 cases while 2,137 cases were reported by people with no relation to the children and no legal mandate to report.
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California has amended its abuse reporting law over the years to include a wide range of groups required to report neglect or abuse. These include clergy, childcare providers, any school employee, police officers and other law enforcement employees, mental health providers, processors of commercial film or print photography, doctors, dentists, physical therapists, alternative health providers and any other healthcare provider.
Failure to report abuse is considered a misdemeanor crime and punishable by a fine of $1,000 and/or up to six months in a county jail. However, if the lack of reporting is found to have been intentional, the penalty can include jail time up to one year and/or a fine up to $5,000. Contact an attorney for more information on who must report child abuse in Santa Ana and Anaheim.
At The Cifarelli Law Firm our primary purpose when representing you and your child is to hold institutions and individuals accountable for inappropriate, damaging activity such as:
We know that these issues are sensitive, and can have long-lasting emotional consequences for you, your child and your entire family. That is why we take on the legal burden for you and will handle all administrative and legal aspects of your case.
We will keep you well informed of your case, conduct thorough investigations and help you bring guilty parties to justice while you focus on your family’s needs and help your child through this very trying ordeal. Our Santa Ana and Anaheim attorneys will do everything in our power to get you and your child the benefits and compensation they rightfully deserve after suffering abuse.
Child abuse in any form is something that can be difficult for many people to comprehend or think about. The emotionally difficult road that families and children affected by any form of abuse is long and can be draining.
For many Californians, child abuse is something that “happens to other people”-except the sad reality is that it happens more often and to more people than one would think. Nobody is truly immune from such dangers and knowing the laws, statistics and warning signs can be useful in keeping children safe
Child sexual abuse or neglect can take many forms and happen in many situations. The best way to keep a child safe-yours or someone else’s-is to take prompt action. If you suspect abuse, it is important to report it to authorities so that proper investigation can take place. In addition, if your child is affected by abuse at the hands of another person, you should discuss your situation with a Santa Ana and Anaheim child abuse lawyer to make sure you and your child are fully protected.
Email us or call our office at (949) 502-8600 to schedule a confidential and free initial consultation. Take action in your case by contacting a trusted lawyer who can provide insight and understanding while protecting your rights.
If you or your child has been a victim, talk to an Irvine child sexual abuse lawyer at The Cifarelli Law Firm. Our team is passionate about advocating for victims and helping them seek justice. We understand this is a difficult situation, and we strive to create a place where victims from all over California can feel safe and heard. Call The Cifarelli Law Firm today to schedule a free consultation.
(949) 502-8600
