PROCEDURAL INEQUITIES
Inconsistent legal procedures create predictable injustice. Divergent standards of detention, proof, and evidence separate offenders from victims, producing outcomes driven more by status than by fact. Structural disparities across criminal and child protection systems replace equal justice with parallel hierarchies of power.
Custody and Release
ABUSER ARRESTED, DETAINED FOR
12-24 HOURS
CHILDREN SEIZED, HELD FOR
48-72 HOURS
ABUSER RELEASED PENDING HEARING
CHILDREN NOT RELEASED UNTIL HEARING
Burden of Proof
The party obligated to prove a claim or allegation
Abuser
INNOCENT UNTIL PROVEN GUILTY
The state must prove the abuser is guilty; the abuser is free until then.
Victim
GUILTY UNTIL PROVEN INNOCENT
The victim must prove they are innocent; the children are not free until then.
Standard of Proof
The level of certainty the court must reach to make a legal finding.
Abuser
BEYOND A REASONABLE DOUBT
The judge or jury must be almost completely sure the person did what they’re accused of.
HIGHEST STANDARD THE LAW ALLOWS
CERTAINTY
~95%
Victim
PREPONDERANCE OF EVIDENCE
The judge only needs to believe the claim is probably slightly more likely true than not true.
LOWEST STANDARD THE LAW ACCEPTS
CERTAINTY
51%
Standard of Evidence
The quality and quantity of evidence needed to meet the standard of proof
Abuser
Victim
SUBSTANTIAL, RELIABLE, CREDIBLE
SUFFICIENT AND PROBATIVE
Demands factual, consistent, and objectively verifiable material capable of withstanding scrutiny under cross-examination.
Allows subjective interpretation, unverified statements, circumstantial accounts, or professional opinion to be treated as sufficient for official findings.
IF SHE CHOSE TO BE WITH HIM, HOW CAN WE TRUST HER FUTURE DECISION-MAKING?
YOU CANNOT PROVE THE BRUISES WERE CAUSED BY MY CLIENT.
LOWEST STANDARD THE LAW ACCEPTS
Procedural Timeline
AFTER 15 MONTH IN FOSTER CARE:
50%
Reunification odds drop by
Adoption or guardianship becomes the “default permanency goal.”
Under ASFA, states are required to file for
termination of parental rights
unless specific exceptions apply.
AVERAGE CRIMINAL DV CASE
AVERAGE
NON-DV
CPS CASE
AVERAGE CPS CASE FOR DV VICTIM
17-20 MONTHS
12-14 MONTHS
3-9 MONTHS
Disposition and Penalty
Abuser
Victim
MORE THAN
50%
OF DV CHARGES ARE DISMISSED
VICTIM STILL CONSIDERED "GUILTY" OF FAILURE TO PROTECT, EVEN FROM VIOLENCE THAT ABUSER HAS BEEN ACQUITTED OF
VICTIM TYPICALLY REMAINS UNDER CPS CONTROL 17-20 MONTHS, REGARDLESS OF CRIMINAL OUTCOME
IF CONVICTED, TYPICAL MISDEMEANOR CHARGE CARRIES UP TO 1 YEAR IN JAIL
Remedies and Relief
Abuser
Victim
Access to appeal/ review
Limited or no right to appeal agency findings; often self-filed.
CPS records and registries remain indefinitely.
Few procedural rights; hearsay allowed; no jury.
Indefinite oversight and ongoing monitoring.
Relief is discretionary, inconsistent, and rarely granted.
Agencies largely immune; internal review lacks transparency.
“Failure to protect” stigma endures, limiting work and custody.
Guaranteed right to appeal with legal counsel.
Eligible for expungement or record sealing.
Full procedural safeguards — counsel, discovery, jury trial.
Expungement/
Record Sealing
Procedural Safeguards
Timelines & Closure
Defined sentence and clear end point.
Clear statutory processes for post-conviction relief.
Actions subject to appellate or judicial review.
Relief
Mechanisms
State
Accountability
Post-Disposition
Perception
“Cleared” or “served time” can restore status.
We should not find victims guilty of failure to protect
from abuse that their abuser was found not guilty of committing.