PROCEDURAL INJUSTICE
Inconsistent legal procedures create predictable injustice. Divergent standards of detention, proof, and evidence divide offenders from victims, ensuring outcomes determined 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 IS ARRESTED, DETAINED FOR
12-24 HOURS
CHILDREN ARE SEIZED, HELD FOR
48-72 HOURS
ABUSER IS RELEASED PENDING COURT HEARING
CHILDREN ARE NOT RELEASED UNTIL AFTER HEARING
Burden of Proof
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.
The party obligated to prove a claim or allegation
Standard of Proof
The level of certainty the court must reach to make a legal finding.
BEYOND A REASONABLE DOUBT
Abuser
CERTAINTY
~95%
The judge or jury must be almost completely sure the person did what they’re accused of.
HIGHEST STANDARD THE LAW ALLOWS
LOWEST STANDARD THE LAW ACCEPTS
PREPONDERANCE OF EVIDENCE
Victim
CERTAINTY
51%
The judge only needs to believe the claim is probably slightly more likely true than not true.
Standard of Evidence
The quality and quantity of evidence needed to meet the standard of proof
Abuser
SUBSTANTIAL, RELIABLE, CREDIBLE
Victim
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 CAN NOT PROVE THAT MY CLIENT CAUSED THOSE BRUISES.
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 IS "GUILTY" OF "FAILURE TO PROTECT" EVEN FROM ABUSE THAT HAS BEEN ACQUITTED
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 or review
Expungement/Record Sealing
Procedural Safeguards
Timelines and Closure
Relief Mechanisms
Agency / Court Accountability
Public Perception
Post-Disposition
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.
Defined sentence and clear end point.
Clear statutory processes for post-conviction relief.
Actions subject to appellate or judicial review.
“Cleared” or “served time” can restore status.
We should not deem victims "guilty" of "failure to protect"
from abuse that their abuser was found "not guilty" of committing.