Child Abuse and Neglect Lawyer in Washington, D.C. 

In Washington, DC, a conviction for child abuse may lead to jail time and fines. In addition to criminal sentences, if someone is convicted of child abuse or neglect under the Child Abuse Prevention and Treatment Act (CAPTA), he or she could be subject to civil penalties as well. If you have been charged with an act of child abuse in the District of Columbia, it is important to contact a child abuse and neglect lawyer as soon as possible. 

What Constitutes Child Abuse? 

Under the Child Abuse Prevention and Treatment Act, a child is any person under the age of eighteen. Under D.C. law, physical abuse means “the willful infliction of physical pain or injury upon a child.” Physical pain may be inferred from an injury such as a bruise, cut, burn, fracture, or even an internal wound. In order to prove that an injury was inflicted, it must be shown that a defendant had the ability to inflict the injury and that he or she applied force to a child in a violent and aggressive manner. 

Physical abuse does not require any intent to harm a child; all that is required is the demonstrated action of inflicting pain or physical injury. Punishment is not considered physical abuse, provided that the degree of force used is proportionate to the child’s misbehavior. For example, spanking a small child with an open hand where no injury results would not constitute child abuse under either federal or local law. 

What Constitutes Neglect? 

Under federal law, neglect means “failure to provide for a child’s basic needs or to protect a child from physical and mental injury or harm.” 

Under D.C. law, neglect means “the failure by the parent, guardian, legal custodian, or another person to exercise a minimum degree of care  

1. In supplying the child with adequate food, clothing, shelter, or medical care, or  

1. In providing the child with proper supervision or guardianship, which may endanger the health or welfare of the child.” It is not necessary to show that a parent acted intentionally or willfully for a neglect charge to be brought. 

In order to prove neglect under D.C. law, it must be demonstrated that a parent made no or insufficient efforts to provide the necessities of life, including food, shelter, or medical care. It must also be shown that a child was endangered by his or her parent’s actions. 

When Does Child Abuse Occur? 

Although most people think of child abuse as occurring when someone intentionally inflicts harm upon a child, the law recognizes that some harm may be inflicted unintentionally. For example, the act of leaving a child with an individual who has an extensive criminal history or untreated drug addiction is negligent in many jurisdictions, regardless of whether it was intentional. 

Typically, neglect charges are brought when someone fails to provide for a child’s basic needs. If medical care is withheld from a child, neglect charges are likely. However, if food is withheld as a punishment, neglect may not have occurred because the parent or guardian may have had an intent to punish, but did not intend to endanger the child. 

Pursuing justice for victims of child abuse and neglect begins with experienced legal representation. An attorney can help those accused of such charges understand the charges and build a strong defense. To pursue justice, including compensation for victims in civil court, it is beneficial to have an attorney with knowledge about the District’s criminal and civil laws regarding child abuse. Our attorneys at Browne Family Law have worked on cases involving all types of child abuse accusations throughout our careers. Our knowledge and experience can be put to work for you. 

If you or a loved one is accused of child abuse or neglect, we will: 

• Explain the criminal and civil laws regarding child abuse in Washington, DC; 
• Be with you every step of the way; and 
• Aggressively pursue justice on your behalf. 

Contact us today to schedule a confidential, no-obligation case evaluation. From our law offices in Washington, DC, we represent clients throughout the area in criminal and civil matters involving child abuse.