Legal Question in Criminal Law in Indiana

Parental Rights - Battery/Abuse or Corporal Punishment

I returned home, caught my 16yo daughter with two 19yo males attempting to run away from home. They had taken several items from the home. I told her to return to the house several times. A scuffle unsued with the 2 males to remove them from the property. No charges were filed on anyone as a result. I pushed my daughter into the house to prevent her from leaving and called the police. When the police arrived I was charged with battery for pushing my daughter. I was told I did so in a rude and insolent manner which is battery in Indiana. Do I not have a right as a parent to restrain my child? Is this in fact a case of battery? No injuries occured while pushing her.


Asked on 12/08/02, 12:46 am

1 Answer from Attorneys
Paul Stanko Law Offices of Paul D. Stanko

Re: Parental Rights - Battery/Abuse or Corporal Punishment

Yes, the use of reasonable physical force to discipline a child is a defense to battery in Indiana. It is important that you make sure you enter a not guilty plea and seek counsel as soon as possible. This is what's called an "affirmative defense", which means that at trial you would not be merely trying to prevent the State from proving you did something, but rather would be presenting evidence that what you did was justified. An aggressive defense is best in these cases. By taking depositions of your daughter and the two 19 year olds to establish the facts before trial, you may be able to get the State to recognize that the charges are ill-advised and obtain a dismissal. This is much better than going to trial and risking the decision of a jury.

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Answered on 12/08/02, 9:52 am


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