Domestic violence

UPDATED: Sep 30, 2022

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Domestic violence

A child was abused by his stepdad and his
mother will not press charges. Can a lawyer
press charges against the abuser since this
child has no voice? Police reports were filed
but the abuser has no consequences because
they are afraid to speak up

Asked on September 30, 2016 under Criminal Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Anyone who is aware of child abuse can bring the abuse to the notice of the police and the state child protective agency; if there is evidence of abuse and the person aware of it is willing to testify, one or both agencies should take action. The authorities do not need the parent's consent to prosecute for criminal child abuse and/or takes steps to protect a child. However, if the authorities will not take action, the ability of a non-parent, non-legal guardian to act is very limited, since he or she does not legal authority over the child.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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