Can I Spank my Child?

Some parents and adults responsible for the wellbeing of children have expressed concern that they cannot discipline their child or if they do that they might get in legal trouble. Will I get arrested if I spank my child? The answer might be of concern because of state battery laws. There are instances where parents and guardians have been arrested for using corporal punishment. However, these cases typically involve extreme situations-where adults seriously injured kids. The governing law in Illinois is the Abused and Neglected Child Reporting Act Section 325 ILCS 5/3, and it allows parents the right to spank their unruly children. However, they also must be reasonable in their use of force and cannot "excessively" spank kids. The courts rule on finding based on a case by case evidence according to the specific facts and circumstances of the incident.

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What Happens If I Break This Rule?

The consequences of breaking the "spanking rule" in Illinois can be severe. You might be convicted of a battery which is a criminal misdemeanor offense punishable by up to one year in jail and $2,500 in fines. This punishment can be legally deleterious because domestic battery charges cannot be sealed or expunged, holding your future reputation at stake. You might lose the right to parent them especially if you are divorced from your spouse. Therefore, to avoid the sanctions and culpability of 720 ILCS 5/12-3.2 (domestic battery), you need to assert the defense that you were disciplining your child when you spanked him or her. When doing so, you must exhibit how your punishment was reasonable and avoided the use of excessive force.

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Questions About Disciplining Your Children? Give Us A Call!

Can I Spank My Child?

Yes. The laws in every state and Washington, D.C. allow parents to discipline their children using corporal punishment. The only limit on parents' right to spank their kids is that they must be reasonable and not inflict injury. However, these general guidelines allow states a lot of flexibility in crafting specific spanking rules.

What Is Illinois' Rule On Spanking?
What Happens If I Break This Rule?
Questions About Disciplining Your Children? Give Us A Call!

We have worked with parents and guardians in a variety of legal circumstances. We know how dedicated you are to raising your children. That is why we care so much about making sure you know your rights and how to stay within the law. It is a shame when parents lose the right to raise their kids as they see fit because they weren't informed of their legal obligations and responsibilities. That is why we constantly sit down with moms and dads to explain to them what they can and cannot do in the context of punishing their children. Call us now. Our number is (888) 424-5757. We can talk with you for as long as you'd like until all of your questions are answered.

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