Background
Our client, in the midst of divorce proceedings, argued with their spouse in the presence of their child and was indicted for child abuse (emotional abuse) under the Child Welfare Act and for assault on the basis of what was said and done. It was a painful case in which a family crisis had escalated into a criminal trial.
What Was at Stake
The issues were whether our client's conduct amounted to "emotional abuse" harming the child's emotional development, and whether conduct in the course of the argument could be punished as abuse or assault. Our client had long been suffering difficulties at home and mental distress.
How Changchun Helped
Changchun (attorney Jaeeun Byun) presented the family situation and mental state our client was in, the relationship with the child and the circumstances at the time as a whole. We argued persuasively that, given the child's age, our client's conduct could not be characterized as abuse, and that the conduct during the argument was open to being understood as reactive.
The court acquitted our client. The case shows how important it is, when family conflict escalates into criminal proceedings, to examine the context of the conduct and the circumstances of the parties fully. (Outcomes depend on the facts of each case and may differ.)