| California is very strict
with its child abuse offenders and holds parents who place
their children in dangerous situations accountable in the
same manner as it does parents who directly abuse their children.
One way that parents may be charged with child endangerment
as a domestic violence crime is if domestic abuse takes place
in front of their child. The other way that parents may be
prosecuted for this charge is when they place their child
in a situation where he or she is likely to suffer a serious
injury or death (regardless of whether the child actually
suffers such an injury), when they permit or cause their child
to be injured or when they cause or permit their child to
be in a situation where the child’s body or health may
be endangered. This second area of prosecution has no bearing
on whether domestic abuse was occurring in the home, but rather
will be treated as a crime of domestic violence simply because
the perpetrators are parents of the child. It should be noted
that California’s domestic violence laws apply equally
to heterosexual relationships and to same sex partnerships.
Child endangerment manifests itself in a
number of ways and may be caused by physical abuse, emotional
abuse or neglect. In effect, it is basically any reckless
or negligent behavior on the part of a parent that places
his or her child’s well being in jeopardy. Child endangerment
is an escalating problem, and the legislature is quick to
respond. California continues to update laws in an effort
to not only to punish offenders with stricter penalties but
in an effort to crack down on parents by defining more ways
to hold them criminally responsible for their negligent and/or
reckless behavior.
Some of the most commonly prosecuted D.V. child endangerment charges include parents getting drunk or
high while their children are home with no additional supervision,
parents driving under the influence of drugs and/or alcohol
with their children in the car, parents exposing their children
to places that engage in illegal or “adult only”
activities, parents leaving their young children home alone
or with unfit caregivers and parents who expose their children
to pornography, sexual activity, and unsecured firearms.
An individual facing child endangerment charges
will almost always face the following penalties and, depending
on whether an additional intimate partner abuse crime is filed,
may face even more. If convicted of child endangerment as
a misdemeanor, the defendant faces up to one year in jail,
and if convicted of the charge as a felony, the defendant
faces two, four or six years in the state prison. In addition
to jail or prison time, if a convicted offender is placed
on probation, he or she will be on probation for at least
four years, will have a criminal protective order issued against
him or her to protect his or her child from further abuse,
will be required to successfully complete at least one year
in a child abuser’s treatment counseling program and,
if drugs or alcohol were involved in the alleged offense,
the defendant will also be subject to random testing, will
be required to abstain from using alcohol or drugs while on
probation and may additionally be required to complete a drug
and/or alcohol dependency program.
The trusted, gay-friendly California domestic
violence lawyers at the Kavinoky Law Firm pride themselves
on keeping current in this special area of the law and on
the many evidentiary issues and defenses that coincide with
child-related domestic abuse offenses. Their experience with
LGBT families has given them an understanding of the special
issues that such families face within a prejudiced judicial
system and has allowed them to find ways to successfully defend
their rights. With law offices in Los Angeles and throughout
California, they are conveniently located for anyone in need
of a GLBT supportive DV attorney. For legal advice about a
child endangerment charge, contact them today for a free consultation.
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