According to a California court, it is not considered domestic abuse to spank a child with a wooden spoon for misbehaving. This court ruling was announced recently after a case concerning a San Jose mother who spanked her 12-year-old with a wooden spoon and inflicted bruises on the girl.
The Santa Clara County Department of Social Services wanted to report the mother to the Department of Justice's child abuse database because she had allegedly been "determined to abuse" her daughter. Yet an appeals court ruled that the spanking came close to abuse, but that social workers and lower court judges failed to consider the entire circumstances of the family.
The mother claims that she has used many different methods, such as grounding and taking the child's phone away, to correct her. Yet after working hard with these methods, the mother resorted to spanking her child to discourage her from getting involved in a hand and from refusing to do her schoolwork. Family members supported the family, telling the court that spanking was a rarity in the home.
The court determined that the mother did not punish her child out of malice or with the intent to inflict harm. Instead, the entire situation was confrontational, and the daughter should have learned from the punishment. This is a noteworthy case, as it sets a standard for punishing a child in the state.
While spanking a child with a wooden spoon may be permissible, beating a child is considered domestic abuse and can be prosecuted. If you are dealing with a domestic abuse situation in your house, hire a San Fernando Valley family lawyer to assist you in your case. With the right attorney there on your side, you will be able to advocate for your position in any domestic abuse case.
