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Criminal Law Blog

Tagged in: Marietta Criminal Defense Attorney , Marietta Criminal Attorneys , Atlanta Criminal Defense Lawyer , Atlanta Criminal Defense Attorney , Atlanta Attorney
Lance Dutton, Criminal Defense Attorney
Posted by: Lance Dutton, Criminal Defense Attorney

Corporal Punishment may be legal in Georgia, but many have strong feelings regarding the issue. Under Georgia law, leaving a mark on someone is considered battery. However, battery does not apply to a parent exercising reasonable corporal punishment. So what is reasonable corporal punishment?  According to www.georgia.gov, child abuse is defined as bruises, welts, fractures, burns, cuts or internal injuries. 

How does spanking your child suddenly turn into child abuse? It is not unusual for a child who has been spanked to make a comment to a friend or a teacher at school. Due to liability issues, a teacher will have to relay the information to the school nurse who will contact DeFACS if they were to see any marks.  Once DeFACS is involved, they will do an initial investigation and decide whether or not to contact law enforcement.

A DeFACS worker might claim that only the bottom can be spanked and if a mark is left, it is considered abuse.  Officers are trained by DeFACS workers and most will apply this rule when looking for signs of abuse. Many officers mistakenly believe that any mark left on a child is against the law and are not fully aware of the laws of corporal punishment.

Note:  Whether to exercise corporal punishment or not is a personal decision for the parent and the author does not support or oppose the use of corporal punishment. If accused of abuse, it is important to contact a knowledgeable defense lawyer to defend your rights.

Criminal Law Blog

Tagged in: Marietta Criminal Defense Attorney , Marietta Criminal Attorneys , Atlanta Criminal Defense Lawyer , Atlanta Criminal Defense Attorney , Atlanta Attorney
Lance Dutton, Criminal Defense Attorney
Posted by: Lance Dutton, Criminal Defense Attorney

Corporal Punishment may be legal in Georgia, but many have strong feelings regarding the issue. Under Georgia law, leaving a mark on someone is considered battery. However, battery does not apply to a parent exercising reasonable corporal punishment. So what is reasonable corporal punishment?  According to www.georgia.gov, child abuse is defined as bruises, welts, fractures, burns, cuts or internal injuries. 

How does spanking your child suddenly turn into child abuse? It is not unusual for a child who has been spanked to make a comment to a friend or a teacher at school. Due to liability issues, a teacher will have to relay the information to the school nurse who will contact DeFACS if they were to see any marks.  Once DeFACS is involved, they will do an initial investigation and decide whether or not to contact law enforcement.

A DeFACS worker might claim that only the bottom can be spanked and if a mark is left, it is considered abuse.  Officers are trained by DeFACS workers and most will apply this rule when looking for signs of abuse. Many officers mistakenly believe that any mark left on a child is against the law and are not fully aware of the laws of corporal punishment.

Note:  Whether to exercise corporal punishment or not is a personal decision for the parent and the author does not support or oppose the use of corporal punishment. If accused of abuse, it is important to contact a knowledgeable defense lawyer to defend your rights.