Court Overturns Domestic Violence Decision

In 2002, a Florida court ruled that non-excessive or reasonable corporal punishment could be used as valid grounds to argue for domestic violence. Nine years later, an appellate court has overturned their decision and stated that a single spank is not reason enough to cry domestic violence.

After the initial ruling, a father was charged with domestic violence after spanking his 14-year-old daughter once. According to his account, the young girl was being defiant at the time; she stated, however, that she was just being sarcastic. As a result, the court placed an injunction on him, forever changing his life.

The appellate court, upon reviewing the outcome of the lower court's decision, ruled that spanking did not count as domestic violence. By using a common law defense that parents can use reasonable corporal punishment on their own children, the judges ruled that the father's actions could be justified by the court.

If you or someone you know has been the victim of domestic abuse, contact Ellerin Hutchinson now to get immediate legal help from one of our Jacksonville family lawyers. Once involved, we will act quickly to put an end to maltreatment.