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Former Senior LA Prosecutor. Harvard Law School Educated. While the law does allow parents to use physical force in punishing their children, there are situations where use of force against a child can result in a domestic violence arrest. Under California Penal Code Section d PC , inflicting physical punishment on a child, more commonly referred to as child abuse, is a criminal offense that can be charged as either a felony or a misdemeanor.
If charged in Los Angeles, reach out to our experienced child abuse defense lawyer now. A parent is allowed to use physical force in punishing or disciplining his or her child. This means that spanking a child or even using a paddle or similar object to strike a child does not necessarily qualify as criminal child abuse under the law. When determining whether to charge a defendant, prosecutors will consider various factors such as whether the child suffered any injury, whether an object was physically used on the child and whether there is a pattern or history of child abuse.
In many cases, the police will become involved in a child abuse case after a mandatory reporter, such as a teacher or nurse, notices injuries on a child or is told by the child that he or she is being abused at home. The police will conduct an investigation and will often interview the parents as well as any children in the home.
The matter will be referred to the prosecutor who will review the case for criminal filing. If the underlying conduct involved is especially egregious or if the defendant has a history of violent conduct, the prosecutor may file felony child abuse charges.
In other cases, the prosecutor may elect to file the case as a misdemeanor. There are a number of defenses that can be raised when defending someone accused of child abuse. There are often false accusations in these types of situations, especially when the child abuse claims arise during divorce proceedings.