Is spanking child abuse?

If you have turned on the television this week, you probably are aware of the allegations that Minnesota Vikings running back Adrian Peterson is facing. He has been indicted by a grand jury on allegations of felony child abuse because he used a thin, whip-like branch, or "switch" to punish his four year old child. The corporal punishment “allegedly resulted in numerous injuries to the child, including cuts and bruises to the child’s back, buttocks, ankles, legs and scrotum, along with defensive wounds to the child’s hands.”

http://www.washingtonpost.com/sports/redskins/minnesota-vikings-rb-adrian-peterson-indicted-on-child-abuse-charges/2014/09/12/2adf5c02-3adb-11e4-8601-97ba88884ffd_story.html

So, is spanking illegal in Washington? The short answer is "no." Parents are legally allowed to use physical discipline in Washington State. However, the issue is complex and there is a fine line between corporal punishment and abuse. The fine line gets even more blurry when a party to your custody case or CPS is making allegations against you. Even if you are not facing criminal allegations, you do not want to be defending child abuse allegations in your family law case because the commissioners and judges frown upon physical punishment-- even if it is simply spanking. Often, family law courts will include in the parenting plan a provision restraining either parent from physically punishing the child.

Here is the relevant Washington Criminal Code statute:

RCW 9A.16.100 Use of force on children — Policy — Actions presumed unreasonable.

It is the policy of this state to protect children from assault and abuse and to encourage parents, teachers, and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children. However, the physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.

     The following actions are presumed unreasonable when used to correct or restrain a child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

I just got served with paperwork. What do I do next?

If you are served with any legal pleading, your first step should be to read through the documents. The second thing to do is contact an experienced attorney for a consultation. Your next steps will depend on the type of pleading you were served. Inaction can result in a default judgment.

If you are served with a family law Petition (dissolution, parenting plan, child support modification, etc.) within the State of Washington, you have 20 days to file a "Response" to the Petition. If you were served outside the state, you have 60 days to file your "Response."

If you are served with a family law motion,  your response time will depend on the local rules of the court.

In drafting a Response to Petition or a response to a motion, it is best to have an experienced attorney draft these documents. Often, there are specific legal standards that must be met in a particular case. As the responsive party, it is your job to frame your arguments so that they meet the legal standard. It is often difficult to do this on your own.

So, when you get served with legal paperwork, read the pleadings and then call an attorney.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Restraining Orders

A Restraining Order may be entered on an emergency basis (14 days), temporary basis (until the final hearing or trial), or permanent basis. Restraining Orders are an available remedy if you have filed a family law action such as a divorce, paternity, legal separation, nonparental custody, or parenting plan case. Unlike a Domestic Violence Protection Order, the court is not required to make a finding of domestic violence in order to order a Restraining Order. However, the party requesting the Restraining Order must be able to show that the order is necessary.

Similar to a Domestic Violence Protection Order, a restraining order is enforced by reporting a violation of the order to the police. A restraining order may order the other party to stay away from you or the children, order the respondent not to take the children outside of the court's jurisdiction, or even surrender deadly weapons to the local police department.

If you feel you are in immediate danger due to domestic violence, you should call the police. As soon as possible, it is best to also contact the Domestic Violence Hotline (1-800-562-6025) to obtain information on additional services. If you feel you need a Restraining Order, consult with an experienced family law attorney.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.