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I slapped my 5 year old son for spitting at me after his temper tantrum. Is this considered child abuse?

Egg Harbor Township, NJ |
Filed under: Child abuse

My son was hitting his little sister with his blanket and was told not to do it anymore or else I'm gonna take away your blanket and spank you. He did it again and it hit her in her eye. While she was crying, I took away his blanket and tossed it in the trashcan. He started yelling and then tried to hit me. I stopped him from hitting me and then he spit at my face. I smacked him for spitting and spanked him on his butt. Minutes later it became red. I iced it and told his mother about what happened. She threatened to call difice and the police. Is this child abuse? All I did was discipline him so that he does not spit at anyone else.

Attorney Answers 4

Posted

Beauty is in the eye of the beholder, which in this case is dyfs, the police and your child's mother. Retain an attorney ASAP.

CALL US AT 855-578-0449 TO ARRANGE FOR A CONSULTATION IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 1415 Queen Anne Road, Suite 206, Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

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Posted

Slapping a child in the face may be seen as child abuse. You need an attorney if you are charged.

973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

At the very least, I would call this a poor parenting decision. It is very possible that the Division could get involved. While the Supreme Court has held that a single instance of spanking or slapping does not necessarily rise to the level of being abuse and neglect, individual judges may interpret specific facts leaning towards the child's "best interests". Even if the Division does not pursue a charge of abuse and neglect, they may request you (or have the court order you) to accept services in an action called a Title 30 proceeding. You should consult an attorney to know your rights, even if the Division does not pursue a Title Nine abuse and neglect case.

DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.

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Posted

At the very least, I would call this a poor parenting decision. It is very possible that the Division could get involved. While the Supreme Court has held that a single instance of spanking or slapping does not necessarily rise to the level of being abuse and neglect, individual judges may interpret specific facts leaning towards the child's "best interests". Even if the Division does not pursue a charge of abuse and neglect, they may request you (or have the court order you) to accept services in an action called a Title 30 proceeding. You should consult an attorney to know your rights, even if the Division does not pursue a Title Nine abuse and neglect case.

DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.

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