Most child abuse and neglect cases are handled outside the court system. When legal action is necessary child abuse cases may appear in different types of courts depending on the purpose of the hearing. Alleged perpetrators of child abuse or neglect may be tried in a criminal court. The purpose of criminal courts is to determine guilt or innocence and, if guilty, assign appropriate punishment. Civil court proceedings focus primarily on the child's welfare.

Perpetrators of abuse or neglect are often prosecuted under criminal codes that apply to a wide range of behavior such as assault, battery and homicide. Some states have separate laws dealing with criminal aspects of child maltreatment. Criminal courts typically operate in a more formal manner than civil courts and require a higher standard of proof (i.e., beyond a reasonable doubt).

The defendant in a criminal hearing is entitled to: trial by jury, strict adherence to evidentiary standards, cross-examination of witnesses, appointed legal representation if necessary and a speedy and public trial. Evidence that may be admissible in a civil court proceeding may not meet stricter evidentiary standards imposed in criminal courts. Criminal courts can sentence those convicted of child abuse or neglect to penalties ranging from probation and counseling to incarceration or, in some areas, death.

Child victims are often called on to testify in criminal court, but such courts deal only with punishment and rehabilitation of the offender. Issues related to the child's welfare are handled through a variety of noncriminal courts.

Legal questions related directly to a child's welfare are decided through a civil court process. States vary in the names they assign to civil courts as well as the jurisdiction assigned to each court. Cases related to child abuse may be tried in any of the following courts:

Domestic Relations--Hears divorce and custody cases.

Court of Conciliation--A division of domestic relations court that seeks to promote reconciliation in divorce and custody disputes.

Juvenile Court--Often handles issues such as protective custody, adjudicatory hearings to establish that a child has been abused and is therefore "dependent" (i.e., in need of state care of protection), dispositional hearings related to the family's ability to care for the child and recommendations for treatment and/or placement, periodic review of dependency cases and termination of parental rights for the purpose of freeing the child for adoption. Juvenile courts also hear cases involving alleged delinquent behavior of minors and children or families in need of court-supervised services for reasons other than child abuse and neglect.

Family Court--May combine domestic relations, juvenile and probate functions into one court. In some areas family courts hear criminal cases involving family relations.

Probate Court--Processes adoption and guardianship cases and handles matters related to the estates of deceased persons.

The largest number of child abuse-related cases are heard in family or juvenile courts. Civil courts are usually more informal than criminal courts and require less stringent standards of proof (evidentiary standards). In some situations a case may be the subject of both criminal proceedings against the alleged abuser and civil proceedings related to the child's welfare. Recently the number of child abuse cases heard in United States criminal courts has increased substantially.

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