Legal Ramifications to custodial abuse.

There are both civil suits, brought by private parties and seeking private remedies, and criminal proceedings, brought by the state and seeking to punish wrongdoing.  A private civil suit (which is generally what is meant by "taken to court") would not involve any question of jail time, although sometimes Judges hear allegations in civil suits which compel them to ask the District Attorney to institute criminal proceedings as well.  Even in a criminal proceeding, in these circumstances I would imagine that a Judge would have leeway to impose a penalty that did not include jail time, and certainly each side can argue that no jail time should be imposed.