As parents, we have the challenging task of raising and disciplining our children appropriately. However, there is a fine line between reasonable discipline and actions that could constitute criminal abuse or neglect under Indiana law. It is crucial for parents and caregivers to understand where that line is drawn to avoid potential criminal consequences. An experienced attorney can help you understand the legal ramifications that can come from parental discipline and abuse. This blog will discuss how parental discipline and criminal charges overlap in Indiana family matters.
In Indiana, the use of corporal punishment or physical force for disciplining a child is legal, but it must be done in a way that does not rise to the level of criminal abuse. Any physical discipline that causes bruising, cuts, or other visible injuries could be considered criminal battery. Striking a child with objects like belts or paddles increases the risk of harm and may be deemed abuse. If physical force is used in moments of uncontrolled rage rather than measured correction, it is more likely to be seen as criminal.
Although less overt than physical abuse, neglect, and failure to provide adequate care can also constitute criminal behavior. Leaving young children unattended for extended periods where they could be at risk of harm is an example of neglect. Additionally, failing to properly enroll a child in school or address chronic truancy issues, or not seeking professional care for a sick/injured child when reasonably necessary. Another less overt form of neglect is emotional abuse. Emotional maltreatment can be harder to detect, certain extreme behaviors could potentially cross into criminal territory. Excessive belittling, shaming, or rejecting a child in a way that causes serious psychological harm. Exposing a child to domestic violence or substance abuse in the home and making violent threats or terrorizing a child through fear and intimidation are forms of neglect.
When considering whether to press criminal charges, authorities look at the totality of the circumstances, including the child’s age, potential injuries, and the parents’ explanations and intent. The line is not always clear, but any actions that show a pattern of cruelty, indifference, or reckless disregard for a child’s wellbeing increase the risk for criminal abuse/neglect charges. While parents have reasonable discretion in non-abusive discipline, it is important not to let punishment cross over into unlawful maltreatment.
Seeking the advice of an experienced family law attorney can help you better understand the legal consequences. The attorneys at Ciyou & Associates, P.C. have experience in parental discipline issues that arise in family law throughout Indiana. We are here to help you with your family law matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.