Posted on: 23 November 2018
Child Protective Services recently came to your door and claimed that your child accused you of abusing them by spanking them too hard. This isn't true at all, but the state is weighing criminal charges against you. Can you defend yourself, or is this a lost cause?
Spanking Isn't Automatically a Crime
Though a growing number of parents are refusing to spank their children in recent years, it is a disciplinary approach that is not considered illegal. Parents are considered to have a right to discipline their child, and light spanking designed to shock – but not hurt – a child is okay when used as an occasional disciplinary method.
Though the laws will vary depending on the state, most define injuring a child as an action that causes actual bodily harm to them. A light spank on the buttocks is considered okay as long as no lasting damage is done. However, CPS is now claiming that your child is accusing you of hurting them whenever you spank. What is happening here?
False Allegations of Abuse Are Possible
Though it may be hard to imagine – and very painful to realize – children can falsely accuse their parents of abuse. There are many reasons a child may do this to their parent. They may be experiencing difficulties in school and trying to lash out at somebody. In some instances, they may simply be desperate for attention.
In other cases, the child may actually believe that you are hurting them by spanking. You never truly hit them but simply apply a little force to let them know you are upset. However, the spanking hurts their feelings, and they are trying to get back at you for what they consider real harm. Thankfully, there are defenses for this kind of criminal case.
Defense Requires Proving the Child Is Lying
The toughest part about your defense is that you're going to have to essentially prove that your child was lying about the abuse. This painful situation will be emotionally difficult for a parent to handle. You'll have to testify about the spanking, show that the child has exaggerated in the past, and use other evidence to convince the court.
For example, you may have to call on other family members to testify that your child has a tendency to exaggerate when they are upset. Just as importantly, you need to find a witness to the spanking who can state that you did not cross the line into abuse with your discipline. Parents in this situation may struggle to have to create a case against their child in this way.
So, if your child is accusing you of abuse because of a light spanking, it is time to talk to a high-quality criminal attorney for help. They can approach the case without the involved feelings that you are likely experiencing. In this way, they can increase your chances of winning and understanding why your child accused you of such actions. To learn more, talk to companies like Nelson Fromer & Crocco Law Offices.Share