Convergence of Domestic Violence and Child Endangerment in New Jersey
Charged with Endangering the Welfare of a Child in a Domestic Violence Situation in NJ
In New Jersey, the crime of endangering the welfare of a child is a serious offense that encompasses a wide range of actions that jeopardize a child’s safety and well-being. When domestic violence occurs in a relationship, the risk of child endangerment can be significant. Therefore, it is important to understand how these issues can intersect, how to avoid endangering your child in a domestic violence situation, and the legal consequences for this offense. If you’re facing child endangerment charges in the midst of a domestic violence situation, don’t navigate the complex legal landscape alone. The experienced attorneys at The Tormey Law Firm LLC understand the intricacies of both criminal and family law, providing comprehensive guidance when clients face criminal charges for endangering the welfare of children while also facing restraining orders based on these and other accusations in family court. We serve clients across New Jersey, from Atlantic County, to Warren County, to Hudson County, to Middlesex County, to Bergen County, and everywhere in between. Contact us today at (908)-336-5008 for a free and confidential consultation.
Understanding Endangering the Welfare of a Child Offenses in New Jersey
New Jersey law defines the offense of endangering the welfare of a child under N.J.S.A. 2C:24-4 as behaviors that directly or indirectly harm or threaten a child physically or emotionally. It can be charged as a first degree, second degree, or third degree indictable offense, depending on facts of the case. First degree and second degree offenses carry more significant penalties and typically involve more direct harm or higher risk to the child.
Direct actions could include neglect, physical abuse, or exposing the child to drug use. Less direct actions that are still threatening to the child’s welfare may be charged as third degree offenses. For example, if a parent leaves a child of a young age alone for extended periods of time, especially if they are in an unsafe environment, this might be charged as third degree endangering the welfare of a child. If a child is exposed to domestic violence, even if they are unlikely to be physically harmed themselves, this might also constitute endangerment. In those situations, even though the harm may be less direct or immediate, the law recognizes the potential for harm and the potential for long term negative consequences to the child.
When Domestic Violence Meets the Standard for Child Endangerment in NJ
It is important for all involved in domestic violence situations to understand that even if a child is not physically harmed, children are at risk and harmed emotionally when domestic violence occurs in the home. Seeing a parent, sibling, family member, friend, or even roommate being physically abused or assaulted may be considered to be a form of child endangerment due to the increased risk of physical harm to the child, depending on the severity of the case and the violence or threat that occurred.
The emotional and psychological impact on children who are exposed to domestic violence can be long lasting (permanent even) and significant. It can cause post-traumatic stress disorder (PTSD), depression, anxiety, trust issues, and difficulties in forming healthy or committed relationships. It can also cause children to feel a duty to protect their loved one who is directly the victim of domestic abuse, which in and of itself is harmful to a child who is unable to do so and, ultimately, should not carry such a heavy burden. Even if a child is not physically harmed by domestic violence, witnessing it can change the course of their life decisions and even the person they become. However, New Jersey courts have not ruled that the long term emotional and psychological effects of exposure to domestic violence alone amount to child endangerment, unless other factors exist and can be shown.
Domestic violence situations also often escalate and this puts children at risk for being a direct victim or accidentally getting hurt in a violent exchange. As incidents of domestic violence become more frequent in a home, the odds that the child will eventually be physically harmed increase profoundly. The exposure to harm and risk of harm can then be used to file charges for endangering the welfare of a child.
Restraining Orders and Endangering Child Welfare Concerns
It is common for allegations of child endangerment or concerns about child endangerment from the Division of Child Protection and Permanency (DCP&P) to arise when a victim applies for a restraining order in a domestic violence case. At this phase, if a victim is taking steps to protect themselves and their child by obtaining a restraining order, the allegations of endangering the welfare of a child will likely be directed to the individual accused of domestic violence. However, it is important to be aware that if a victim fails to protect their child from a domestic violence situation by taking legal action against their abuser or removing themselves and their child from the home, then the victim themselves could be accused of endangering the welfare of the child as well. This reality should not discourage victims from seeking help. On the contrary, it should encourage them to take action now.
Secondary Impacts of Child Endangerment Charges in NJ Domestic Violence Scenarios
Charges of endangering the welfare of a child can have a significant impact on child custody arrangements. If one parent is even alleged to have endangered their child and there is sufficient evidence of this, the court may take custody of the child away from that parent or order supervised visitation before a conviction is even issued. The court’s primary concern is the best interests of the child, so they can make custody decisions apart from a criminal conviction with less evidence than would be required for a criminal conviction.
If one parent is a victim of domestic violence and is found to have endangered their child by allowing them to be exposed to domestic violence in the home and placed at risk of being harmed themselves, then the court may temporarily place the child in the home of another family member or in the foster care system. The court’s priority, however, is to keep the family unit together while protecting the best interests of the child.
Legal Defenses to Challenge Endangering the Welfare of a Child Charges in NJ
There are several potential defenses that may be invoked in response to an allegation of endangering the welfare of a child. Ultimately, which defense, if any, is appropriate in a particular case is very dependent on the facts involved in the case. One defense might be simply that the child was not in danger or at risk of being harmed in any way. Another defense could be that the accused was not responsible for the child at the time the harm or exposure to harm occurred. In cases involving domestic violence, a defense may be that the accused was acting in self defense or, if the accused is a victim of domestic violence, they took reasonable measures to remove their child from the situation.
Talk to a New Jersey Lawyer for Defense Representation Against Child Endangerment in a Domestic Violence Case
If you have been accused of endangering the welfare of a child in connection with a domestic violence situation, it is critical that you work with a knowledgeable and experienced attorney who can comprehensively navigate all of the legal challenges with you. Due to the intersection of criminal and family law in these cases, having a lawyer who understands both areas and can advise on restraining orders, potential criminal defenses, penalties, and opportunities for reaching the most favorable outcome in your case, as well as the implications of these allegations on child custody and visitation and how to navigate the family court system, is the best decision you can make for yourself and your future.
At Tormey Law Firm LLC, our dedicated attorneys regularly defend clients facing child endangerment accusations in criminal court and restraining orders in family court in Burlington, Camden, Cape May, Essex, Monmouth, Ocean, Passaic, Somerset County, and others across the state of New Jersey. For more information on how we can advocate on your behalf and protect your interests, please contact us today at (908)-336-5008 to have a free consultation with our team.
