It goes without saying that most parents do not want to cause irrevocable harm to their children, either physically or emotionally. Unfortunately, however, sometimes the line between discipline and abuse becomes blurred. If you are facing a domestic violence charge because of corporal punishment in Louisiana that you deemed appropriate for your child, you need the services of skilled Lafayette criminal defense lawyer.
Courts rarely question the methods parents use to guide their children toward correct behavior. In fact, the state of Louisiana recognizes the right of parents to enforce discipline in a reasonable manner, including the use of corporal punishment. This right is called parental privilege. It is a right often invoked when criminal charges are brought against parents who correct the behavior of their children with spankings and other similar actions.
The issue becomes problematic when such a degree of force is used that the courts have trouble determining if domestic violence, child abuse, assault, or battery has taken place. If you are being prosecuted under criminal laws for any of these offenses, you not only face criminal penalties, but the potential loss of your parental rights.
When you face criminal charges of domestic violence
Because the state does not expressly outlaw corporal punishment, the question of whether or not it was committed is determined on an individual, case-by-case basis. Even if you are not the biological parent of the child, you may still be able to invoke parental privilege. For instance, a legal guardian may be granted the authority to discipline a child the same way a parent would. This is known as acting in loco parentis, or in place of the parent. Lafayette criminal defense attorneys have the ability and the legal knowledge to advocate on your behalf concerning these types of issues, thereby enabling you to stay out of jail and to continue parentingâas only you know how.