Mistreatment of children can come in many forms. They can include outright abuse, neglect, and abandonment.
New Jersey law recognizes an additional form of mistreating a child: child cruelty. This often occurs when parents or caregivers subject a child to various forms of treatment that can potentially result in physical, emotional, and/or mental harm.
There are several steps you can take when you believe a child (particularly a loved one) has been the victim of child cruelty in the Garden State. For example, a comprehensive protection plan may involve obtaining a restraining order (RO) for a minor or adding a child's name to an existing one.
At the Lento Law Firm, our Family Law Team understands that protecting a child you believe is in danger may be a major priority. We take these cases seriously, acting diligently to serve the best interests of potentially vulnerable children. Learn more about how we can help with your New Jersey child cruelty case by submitting your information via our online form or calling our offices today at 888-535-3686.
What is Child Cruelty in New Jersey?
“Child cruelty” isn't just a vague term referencing the general improper treatment of a child that a reasonable person might describe as cruel.
According to state law, child cruelty involves any of the following when a child is the victim:
- Corporal punishment that is “unnecessarily severe”
- Inflicting unnecessary mental or physical suffering or pain
- Tormenting a child or otherwise “habitually vexing” them
- Any willful act (whether an act of commission or omission) that causes a child to experience unnecessary pain or suffering (whether mental or physical) or that permits a child to experience unnecessary pain or suffering
- Exposing a victim to “unnecessary hardship, fatigue or mental or physical strains” that could injure a child's health and/or their physical or moral well-being
Establishing that child cruelty has occurred isn't always easy. For example, it may be challenging to show that an instance of corporal punishment qualifies as being excessively severe. Showing that certain forms of hardship may negatively affect a child's moral well-being can be even more difficult.
This is one of the reasons to enlist the help of attorneys when seeking to protect a child you believe has been the victim of child cruelty. At the Lento Law Firm, attorneys with our Family Law Team can help gather evidence establishing that child cruelty has occurred as it's defined under New Jersey law.
How Significant of a Problem is Child Cruelty in New Jersey?
There is no official data regarding the exact rate of child cruelty cases in New Jersey. However, data from the most recent Child Welfare Outcomes Report for New Jersey can provide some insights into the prevalence of child maltreatment in the state.
The U.S. Department of Health and Human Services (HHS) submits an annual Child Welfare Outcomes Report to Congress. Per the most recent report, in New Jersey in 2022:
- 3,146 children were determined to have been the victims of some form of maltreatment.
- There were a total of 1.6 victims of child maltreatment for every 1,000 children in the state.
- Approximately 20% of child maltreatment victims experienced maltreatment consisting of physical or emotional abuse.
Because this is national data, it doesn't break the data down to indicate the percentage of child maltreatment cases in New Jersey that specifically qualify as child cruelty. However, such research does indicate that thousands of children across the state are victimized every year.
Be aware that child victims often can't or won't report their experiences to others for various understandable reasons. As such, the data may not reflect the full extent of the problem.
It's often up to adults to take action when they perceive that children are the victims of mistreatment. If you suspect that a child is the victim of cruel treatment, keep in mind that speaking up on their behalf doesn't necessarily protect just this individual child—it can also contribute to a better culture across the state, in which more adults take necessary action in situations when children can't protect themselves.
Examples of Child Cruelty in NJ
Because the wording of the law is vague, it may help to consider some examples of treatment that may qualify as child cruelty:
- Requiring a child to perform labor that would be unreasonable for a child of their age
- Bullying a child or frequently belittling them
- Pressuring a child to study or perform other tasks to a greater degree than is reasonable
Even such examples show how the line between child cruelty and parental judgment can sometimes be unclear. Speak with legal professionals if you're not sure whether certain treatment qualifies as cruelty.
How a Restraining Order Can Protect a Child Cruelty Victim in New Jersey
Because the perpetrator of child cruelty is likely to be a parent or caregiver, obtaining a restraining order (RO) is one way to protect a child from being further victimized.
The process of obtaining a restraining order in New Jersey involves:
- Filing for a Temporary Restraining Order: A temporary restraining order (TRO) grants short-term protection until a court can determine whether granting a final restraining order (FRO) is warranted. You can file for a TRO at the Superior Courthouse of the county in which a victim resides, the county where the alleged abuser resides, or the county where the abuse occurred. If the court isn't open, you may contact the police or your local municipal court to ask for a TRO.
- Notification: The judge will review the application for the RO and determine whether granting a TRO is warranted. If the judge does agree to grant a TRO, you will receive immediate protection. The alleged abuser will be served with a notice informing them of the matter.
- Hearing: When a judge agrees to provide a TRO, they will schedule a hearing where both you and the alleged abuser can present your cases. The hearing is usually 10 days from the date the judge issued the TRO. If the judge decides in your favor, they will grant a FRO. The FRO will remain in place until it is amended or successfully appealed.
It's important to understand that a minor cannot obtain a RO for themself in New Jersey. To protect a victim of child cruelty, a parent or guardian may have to obtain a RO on a child's behalf. Or, it may be more likely that they'll be adding the name of a child to an existing restraining order, as the one filing might also be a victim.
This can be a complex task if you're unfamiliar with the process. Our Family Law Team at the Lento Law Firm can provide valuable assistance at this stage. We'll also ensure your restraining order application is thorough enough and contains sufficient evidence to show the court why granting a restraining order is justified.
Protections a Restraining Order May Offer in a New Jersey Child Cruelty Case
Not all restraining orders are the same. The protections a RO may offer a child cruelty victim in New Jersey can depend on the specifics of the case.
For example, a RO may prevent an alleged abuser from contacting a victim or being on the premises in which they live. Theoretically, this means a RO could prevent a parent from seeing their child in their home, even if their name is on the deed or lease. Of course, this assumes that the child is under the care of an adult who added their name to a restraining order.
A RO can also involve various forms of behavior monitoring. For instance, perhaps an alleged perpetrator of child cruelty is shown to have a drug or alcohol problem. The conditions of a RO may include a requirement that they undergo treatment.
Again, these are just examples. The best way to learn how a RO might serve the needs of a victim of child cruelty in New Jersey is to review your specific case with legal professionals who have experience handling similar cases. That's exactly what you'll find at the Lento Law Firm Family Law Team.
Potential Consequences of Child Cruelty for Perpetrators in New Jersey
Someone accused of child cruelty in New Jersey could face criminal penalties if the district attorney decides to file charges. However, from a family law perspective, there are other potential consequences of child cruelty allegations that are worth being aware of.
For example, child cruelty can affect custody. Even if someone wasn't convicted of child cruelty or a similar crime, obtaining a restraining order against them could nevertheless prevent them from receiving custody in future proceedings.
Get Help With a New Jersey Child Cruelty Case
Child cruelty cases can be very emotionally fraught for those involved. At the Lento Law Firm, our Family Law Team knows this. We offer compassionate service, taking the necessary steps to protect a child when they've been the victim of cruel treatment. Find out more about how we can help with your case by calling us at 888-535-3686 or submitting your information through our online form.
