Is spanking a child enough reason for a judge to grant a domestic violence injunction?
NO.
In order to legally get a domestic violence injunction, it must be proven by the Petitioner, or on behalf of the Petitioner in the case of a child, that there is an immediate threat of harm or fear.
Florida law says that spanking is a reasonable form of punishment when it does not harm the child. In fact, spanking is a defense to a criminal charge of child abuse or a charge of child abuse under Florida Statute 39 which is the Dependency statute.
In this particular case, a divorced father spanked his 14 year old daughter one time for being disrespectful. The daughter testified that she was being sarcastic. While my personal opinion is generally against spanking, when every other form of discipline, such as taking things away, grounding, and time outs don’t work, spanking may be appropriate in some instances. G.C. v. R.S. and K.C., 1st DCA, 9/16/11
A parent or legal guardian of a child can file for a domestic violence injunction on behalf of the child, even if they themselves are not a victim. If your child is the victim of abuse, or someone is saying that you are an abuser – call Blackstonepc.com. Domestic Violence injunctions, although civil in nature, have the ability to cause criminal charges and take away various liberties such as one’s ability to own or purchase guns.