TALLAHASSEE, Fla. (AP) — A single spank doesn’t qualify as domestic violence, an appellate court ruled Friday.
A three-judge panel of the 1st District Court of Appeal unanimously reversed an injunction for protection against domestic violence.
It cited common law and a 2002 Florida Supreme Court ruling that says reasonable or non-excessive corporal punishment can be used as a defense against child abuse charges.
Circuit Judge Karen Gievers of Tallahassee had issued the injunction against a father identified in the ruling only as “G.C.”
He had been accused by his former wife of spanking their 14-year-old daughter once on the buttocks with his hand.
The father said the teen had been disrespectful and defiant. The girl said she was only being sarcastic.
“We hold that under established Florida law this single spank constituted reasonable and non-excessive parental corporal discipline and, as a matter of law, was not domestic violence,” the appeal judges wrote in an unsigned opinion.
That’s even though the domestic violence law doesn’t explicitly say so.
The judges, though, wrote “neither does it exclude the common law defense” that parents can administer reasonable and non-excessive corporal punishment.
Categories: Child Abuse Laws, Domestic Abuse Laws Tags: appellate court, child abuse, corporal punishment, court, dad, daughter, domestic violence, florida, judge, law 14 year old, mom, one, parents, spank, supreme court, tallahassee
Teen Girl To Be Tried As Adult After Shooting Friend
17-year-old Renee Addison will be 18 years-old in two months.
Today a judge says because of her age she knew the risks in pointing a gun and pulling the trigger and she will be tried on a reckless homicide charge as an adult.
Witnesses testified everyone inside the East Memphis home was high the day 17-year-old Sarah Gailbraith was shot and killed by her friend, 17-year-old Renee Addison.
There was LSD and marijuana being smoked in the house. Detectives testified Addison told them the two were in a relationship and had dated off and on for five years.
Addison said she did not mean to kill Gailbraith.
In a statement that was read in court Addison told detectives she was actually trying to unload the handgun 40 caliber and thought she had done so when she took off the safety and pulled the trigger.
Addison says she never saw Gailbraith appear in front of her until Gailbraith fell to the ground after being shot.
The judge ruled against the teen who turns 18 in two months intentionally picked up a dangerous weapon and handled it in a reckless manner and therefore will have her case transferred to adult criminal court.
Her defense lawyer argued that this was nothing more than a tragic accident not a crime but the judge felt otherwise. Addison’s bond was set at $30,000.
Utah Cyberstalking Laws
76-5-106.5. Stalking — Definitions — Injunction — Penalties.
(1) As used in this section:
(a) “Conviction” means:
(i) a verdict or conviction;
(ii) a plea of guilty or guilty and mentally ill;
(iii) a plea of no contest; or
(iv) the acceptance by the court of a plea in abeyance.
(b) “Course of conduct” means two or more acts directed at or toward a specific person, including:
(i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about a person, or interferes with a person’s property:
(A) directly, indirectly, or through any third party; and
(B) by any action, method, device, or means; or
(ii) when the actor engages in any of the following acts or causes someone else to engage in any of these acts:
(A) approaches or confronts a person;
(B) appears at the person’s workplace or contacts the person’s employer or coworkers;
(C) appears at a person’s residence or contacts a person’s neighbors, or enters property owned, leased, or occupied by a person;
(D) sends material by any means to the person or for the purpose of obtaining or disseminating information about or communicating with the person to a member of the person’s family or household, employer, coworker, friend, or associate of the person;
(E) places an object on or delivers an object to property owned, leased, or occupied by a person, or to the person’s place of employment with the intent that the object be delivered to the person; or
(F) uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct.
(c) “Immediate family” means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months.
(d) “Emotional distress” means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.
(e) “Reasonable person” means a reasonable person in the victim’s circumstances.
(f) “Stalking” means an offense as described in Subsection (2) or (3).
(g) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number.