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If a parent is provoke and react by slapping a child.What is the charges

Thomson, GA |
Filed under: Juvenile law

the child is on threating to kill the parents fight with them and fuss parent awalk but the child kept on and the parent react by slapping the child . what is the out come

Attorney Answers 3


Sounds like a family violence battery. Better get a good lawyer and prepare to sell all the guns in the house.

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Either battery, simple battery, or family violence battery, it all depends on the level of injury to the child. However, there maybe several defenses to any charge against the parent as Georgia allows reasonable corporal punishment by parents of a minor child.

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Actually, the provocation you describe (or even the use of profane language toward you) is an absolute defense to a Simple Battery in Ga. Note that I said simple battery, not Battery. A simple battery is an offensive touching while a battery is such a touching that leaves visible injury. So a slap on the face that does not leave a visible injury such as a bruise or a cut may be just a simple battery. If that slap was preceded by the use of foul language or threats of harm to you, then the slap may be entirely appropriate and not subject to criminal prosecution. Some years ago, I obtained a dismissal for a man charged with simple battery who slapped his 16 year old daughter after some choice words flew from her mouth during an argument. The man was arrested (since the police sometimes do not know the law of defenses) but the magistrate dismissed the charge at the preliminary hearing.

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