Child Abuse is charged in Fort Collins, Loveland and Estes Park when a person is accused of harming a child. Some believe that any physical discipline is considered Child Abuse and with the current climate, some parents are fearful that using appropriate physical discipline, like spanking, may result in Child Abuse charges. Kids like to talk and it’s not uncommon for them to mention getting in trouble or getting spanked at school. Teachers are required to report any suspected Child Abuse, and sometimes to stay on the safe side, they report everything and let school officials, law enforcement, and CPS figure it out. This is often how Child Abuse charges end up being filed. But, is spanking a child actually Child Abuse?
Larimer County Child Abuse Lawyer: Definition of Child Abuse in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Colorado, the legal definition of Child Abuse – C.R.S. 18-6-401 – is:
Injury, by law, is simply pain. Obviously, the point of spanking and other physical disciplines is causing some pain. Thankfully, though, the law does have a special situation that can be used to allow a parent to discipline a child in this way.
Is Physical Discipline Legal in Fort Collins? A Loveland Defense Attorney Responds
Under Colorado law, there are special circumstances (referred to as Affirmative Defenses) that allow a person to justify their reason for an action that may otherwise be considered illegal. The most common of these defenses is Self-Defense. There is an Affirmative Defense related to physical discipline / spanking. The Affirmative Defense Use of Physical Force – Special Relationship – C.R.S. 18-1-703 – states as follows:
(a) A parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person, and a teacher or other person entrusted with the care and supervision of a minor, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent it is reasonably necessary and appropriate to maintain discipline or promote the welfare of the minor or incompetent person.
So, this defense would allow for someone to spank a child or physically discipline them as long as the force used is appropriate. If the child has burns, scabs, serious bruising or welts, this defense may not apply.
If you or someone you love has been charged with Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
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