Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?
In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal punishment, completion of parenting classes and anger management. My daughter just described to me a situation that happened while recently at her fathers. Her father and the fiance were yelling at Ella because she didnt want to be with them and she wanted to go home with me. The fiance grabbed Ella by her upper arms squeezed her and started shaking her forwards and backwards and was screaming at her saying "I can make you life a living hell even without touching you" then made Ella promise to talk to them or else she would cut her fingers off. My daughter is now making suicidal threats and is scared to have to go back to her fathers house. Is this considered a violation of the injunction?
A: Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.