Legal Question in Family Law in California

If a child is hit (hard enough to bruise painfully) by a parent about once every other month, but is otherwise well cared for, what sort of crime (if any) is that? Can the parent be penalized? How?

And what if it can't be proved physically that the kid is being hit?

-please help.


Asked on 4/16/10, 5:44 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

It is child abuse and the father is guilty of assault and battery. He should be reported to the police who probably will contact Child Services or will tell you how to. A person with that type of anger will in the future probably have shorter periods of being violent free. At somepoint, he will cause very serious physical injury; his behavior is already casuing serious mental ilnjury.

In general, a physician, even a police officer, can determine the general source of an injury. On many parts of the body, a bruise in area can only be caused by direct trauma from a fist, hand, or similar object [a fall would cause more wide spread signs of injury]. He may wil admit the hiltting or his spouse, etc. Do not worry about the issue of proof. The major goals right now is to stop the beating.

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Answered on 4/23/10, 10:29 am


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