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? They ask us this all the time. This is not the craziest thing to worry especially with battery laws. However, instances where parents or guardians have been arrested for using corporal punishment typically include 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. This is pretty much in line with the logic of other states and cases are normally decided on a case by case nature 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 battery which is a criminal misdemeanor offense punishable by up to one year in jail and $2,500 in fines. This is extremely deleterious when you remember that domestic battery charges cannot be seal or expunged; therefore, your future reputation can be at stake. With respect to your children, you might lose the right to parent them especially if you are divorced from your spouse. Therefore, in order 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? Can I Spank My Child?

Yes. The law in every state and Washington, D.C. allows parents to physically discipline their children. 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.

  1. What Is Illinois’ Rule On Spanking?
  2. What Happens If I Break This Rule?
  3. 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 simply 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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