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Does Hitting Your Child With a Belt Constitute Excessive Corporal Punishment Child Abuse in the Orlando, Florida Area

Does hitting your child with a belt or object constitute excessive corporal punishment/child abuse in the Orlando, Florida area?

The best practice is to put your child in time out and not hit your child. If you hit your child with

a belt and leave marks or bruises on your child, you set yourself up for someone calling child protective services or DCFS on you. If you disfigure your child, or cause serious injury while hitting the child, your child will be removed from you; and you will be arrested for child abuse. DCFS and law enforcement will examine the severity of the injuries left from the hitting/striking (excessive corporal punishment) of the child in making their determination.

A doctor who examines the child injuries may call DCFS, if they see marks and bruises on a child; and think that child abuse occurred. A teacher might also do the same. Therefore, the best practice is to use time out or restrict a child’s computer use, television time, or a privilege the child enjoys. That avoids the possibilities that could happen if you leave marks or bruises on your child from hitting the child with a belt or other object.

The case law defines excessive corporal punishment.  You may, or may not be arrested and convicted of a crime, if you hit a child with a belt that leave bruises and marks. However, most likely DCFS will investigate you along with the police. Why set yourself up for that?  Do you really want to take a chance of that happening?

If you do not live with the other parent of the child, the other parent most likely will try to obtain sole custody of the child from you, or limit your time sharing with the child.

In making its determination, DCFS will examine if there is psychological damage to the child from the hitting; and whether there have been changes in the child’s behavior due to that.  DCFS will question the child to see if the child is afraid of you. They may also question the child’s teachers.

This article is for information only; and does not form an attorney client privilege. If you have more questions regarding a matter involving excessive corporal punishment; and DCFS removing children from the home; or DCFS investigating you, you may call Ann Marie Gilden, Esquire at Ann Marie Giordano Gilden, P. A. at (407) 732-7620 to set an initial consultation.

 

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