Child Abuse & Neglect Charges at Monmouth County Superior Court, Freehold NJ
Whenever someone is charged with Endangering the Welfare of a Child, there are allegations of some form of child abuse or neglect. While the Endangering the Welfare of a Child Law sets forth its own perimeters of when this crime has been committed, the law set forth in this article provides helpful guidance as to when conduct constitutes “child abuse or neglect”. The defense lawyers at our Freehold NJ criminal firm frequently attempt to have endangering charges reduced to child neglect under N.J.S.A. 9:6-1 since the penalties are typically much less serious. Our criminal defense lawyers serve all of Monmouth County including municipalities like Neptune, Eatontown, Belmar and Manasquan. The information that follows in this article represents the full content of the child abuse and child neglect law of New Jersey. If you would like to discuss a case with one of our attorneys, please do not hesitate to contact our Freehold Office at 732-462-1197 for immediate assistance.
N.J.S.A. 9:6-1. Abuse, abandonment, cruelty and neglect of child; what constitutes
Abuse of a child shall consist in any of the following acts: (a) disposing of the custody of a child contrary to law; (b) employing or permitting a child to be employed in any vocation or employment injurious to its health or dangerous to its life or limb, or contrary to the laws of this State; (c) employing or permitting a child to be employed in any occupation, employment or vocation dangerous to the morals of such child; (d) the habitual use by the parent or by a person having the custody and control of a child, in the hearing of such child, of profane, indecent or obscene language; (e) the performing of any indecent, immoral or unlawful act or deed, in the presence of a child, that may tend to debauch or endanger or degrade the morals of the child; (f) permitting or allowing any other person to perform any indecent, immoral or unlawful act in the presence of the child that may tend to debauch or endanger the morals of such child; (g) using excessive physical restraint on the child under circumstances which do not indicate that the child’s behavior is harmful to himself, others or property; or (h) in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), willfully isolating the child from ordinary social contact under circumstances which indicate emotional or social deprivation.
Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.
Cruelty to a child shall consist in any of the following acts: (a) inflicting unnecessarily severe corporal punishment upon a child; (b) inflicting upon a child unnecessary suffering or pain, either mental or physical; (c) habitually tormenting, vexing or afflicting a child; (d) any willful act of omission or commission whereby unnecessary pain and suffering, whether mental or physical, is caused or permitted to be inflicted on a child; (e) or exposing a child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the health or physical or moral well-being of such child.
Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child: (a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the child’s physical or moral well-being. Neglect also means the continued inappropriate placement of a child in an institution, as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), with the knowledge that the placement has resulted and may continue to result in harm to the child’s mental or physical well-being.
Freehold Child Neglect Defense Attorneys
A charge of child neglect is a delicate matter that is best handled by a lawyer who significant experience. Prosecutors have little sympathy or consideration for those accused of abusing or neglecting a child so it is exceptionally important to secure representation by someone with the knowledge and finesse necessary to sway this perception. The defense attorneys at The Law Offices of Jonathan F. Marshall have been successfully defending individuals arrested in Long Branch, Keansburg, Middletown and elsewhere for this charge for over a century combined. We have dealt with just about every scenario you can imagine and are confident that you can help you or your loved one. Call us 24/7 for a free consultation with an attorney.