When Does Disciplining my Child Equal Child Abuse?
What is Legally Acceptable Discipline for my Child?
Most states recognize that a parent has the right to restrain or chastise a disobedient minor with moderate punishment. In order to show any punishment was acceptable, you must show that:
- You are a parent, guardian, or a person entrusted with similar responsibilities of the child,
- The force you use is necessary to correct some disobedient behavior in the pursuit of looking out for the child's best interest, and
- The force is not known to, or will not cause a risk of death, great bodily injury, disfigurement, extreme pain, or extreme mental distress.
What Level of Discipline is not Acceptable for my Child?
Any discipline that violates one of the steps above will generally be seen as improper punishment. As a result, courts will generally treat the discipline as:
What are the Consequences if a Court Finds my Discipline Unacceptable?
If a court finds your level of discipline unacceptable and defines it as child abuse, endangerment, or assault and/or battery, you have generally committed a felony and you could face:
- Jail time, ranging from 2 to 15 years,
- Negative effects on child custody and other rights.
Do I Need an Attorney if I Have Been Charged with Improperly Disciplining my Child?
If you are charged with child abuse, child neglect, child endangerment, or assault and/or battery of your child and you think what you did was acceptable discipline, then it is strongly recommended that you contact a criminal lawyer to help explain the situation and protect your rights.
Consult a Lawyer - Present Your Case Now!
Last Modified: 09-07-2011 03:57 PM PDT