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
Wife of Evander Holyfield Files for an Order of Protection
Candi Holyfield, the wife of boxing great Evander Holyfield, has filed for a protective order against her husband.
According to documents filed last week in Fayette County Superior Court, Candi Holyfield accuses her husband of a violent act against her in the presence of the couple’s two children. The petition for a protective order was posted on www.radaronline.com. The file number for the court filing matches a filing found on Fayette court’s Web site.
Candi Holyfield accuses her husband of hitting her in the face, the back of her head, and on her back during the middle of the night, according to the petition for temporary protective order.
“He got up and turned the light on and started looking at my face and told me he was sorry, that he knew he shouldn’t have done that,” Candi Holyfield stated in the petition.
The incident allegedly began because the heat was cut off in the couple’s home, and Candi Holyfield attempted to discuss it with her husband.
“He told me that I was only thinking about myself,” Candi Holyfield stated. “He started telling me that I needed to start putting God first in my life.”
Evander Holyfield, 47, hung up on a reporter when reached by telephone Wednesday afternoon. Candi Holyfield could not be reached for comment.
Candi Holyfield claims her husband’s abuse against her began six months into the marriage, when she was pregnant with the couple’s first child.
The Holyfields were married July 1, 2003, in a Fayette County courtroom. It was Candi Holyfield’s 24th birthday. Candi, now 30, is the boxer’s third wife, and the couple has two children, ages 6 and 4.
“At first it was mainly emotional,” Candi Holyfield states in the petition. “There was incidents where he had pushed or grabbed me but it has escalated since 2008.”
In 2008, Evander Holyfield allegedly choked his wife in front of the couple’s daughter and housekeeper, Candi Holyfield stated in the petition. Last year, Candi Holyfield said, her husband hit her in front of the couple’s children.
Candi Holyfield asked that her husband not be allowed within 500 yards of her, and that he have no contact with the couple’s two children, according to the court documents. She also requests use of a Porsche Cayenne and a Mercedes Benz.
Ken Sanders, the boxer’s manager, said he is not aware of any problems between the couple. Sanders said the boxer is currently in Las Vegas.
Holyfield, a four-time undisputed heavyweight champion, has won more than $200 million in prize money. Fights in South Korea, Ethiopia and Uganda were cancelled due to a lack of funding. He also has an April 24 fight scheduled against Derric Rossy in Las Vegas.
UPDATE: The former heavyweight champion of the world and his wife have decided to work things out, after Candi Holyfield decided to drop her protective order request against her husband Evander for spousal abuse, the couple are moving forward to seek some marriage counseling from none other than Dr. Phil McGraw.
Red Flags for Abusive Relationships
The following is a list of warning signs for potentially abusive relationships. They are presented as guidelines and cues to pay attention to, not as judgments on the worth of the other person.
Question relationships with partners who:
* Abuse alcohol or other drugs.
* Have a history of trouble with the law, get into fights, or break and destroy property.
* Don’t work or go to school.
* Blame you for how they treat you, or for anything bad that happens.
* Abuse siblings, other family members, children or pets.
* Put down people, including your family and friends, or call them names.
* Are always angry at someone or something.
* Try to isolate you and control whom you see or where you go.
* Nag you or force you to be sexual when you don’t want to be.
* Cheat on you or have lots of partners.
* Are physically rough with you (push, shove, pull, yank, squeeze, restrain).
* Take your money or take advantage of you in other ways.
* Accuse you of flirting or “coming on” to others or accuse you of cheating on them.
* Don’t listen to you or show interest in your opinions or feelings. . .things always have to be done their way.
* Ignore you, give you the silent treatment, or hang up on you.
* Lie to you, don’t show up for dates, maybe even disappear for days.
* Make vulgar comments about others in your presence
* Blame all arguments and problems on you.
* Tell you how to dress or act.
* Threaten to kill themselves if you break up with them, or tell you that they cannot live without you.
* Experience extreme mood swings. . .tell you you’re the greatest one minute and rip you apart the next minute.
* Tell you to shut up or tell you you’re dumb, stupid, fat, or call you some other name (directly or indirectly).
* Compare you to former partners.
Some other cues that might indicate an abusive relationship might include:
* You feel afraid to break up with them.
* You feel tied down, feel like you have to check-in.
* You feel afraid to make decisions or bring up certain subjects so that the other person won’t get mad.
* You tell yourself that if you just try harder and love your partner enough that everything will be just fine.
* You find yourself crying a lot, being depressed or unhappy.
* You find yourself worrying and obsessing about how to please your partner and keep them happy.
* You find the physical or emotional abuse getting worse over time.
Adapted from the Domestic Abuse Project (http://www.domesticabuseproject.org)
ARRESTS AND SUMMONSES
From the Columbia Tribune Newspaper, Columbia, Missouri
Monday, July 12, 2010
Authorities made the following arrests and issued summonses from 7 a.m. July 10 to 7 a.m. July 11.
Derrick Wayne Morton, 42, of 3911 Olympic Court, third-degree domestic assault, $1,000 bond.
Domestic Assault – Understanding Domestic Abuse
Domestic violence and abuse can happen to anyone, yet the problem is often overlooked, excused, or denied. This is especially true when the abuse is psychological, rather than physical. Emotional abuse is often minimized, yet it can leave deep and lasting scars.
Noticing and acknowledging the warning signs and symptoms of domestic violence and abuse is the first step to ending it. No one should live in fear of the person they love. If you recognize yourself or someone you know in the following warning signs and descriptions of abuse, don’t hesitate to reach out. There is help available.
Domestic abuse, also known spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence.
Domestic violence and abuse are used for one purpose and one purpose only: to gain and maintain total control over you. An abuser doesn’t “play fair.” Abusers use fear, guilt, shame, and intimidation to wear you down and keep you under his or her thumb. Your abuser may also threaten you, hurt you, or hurt those around you.
Domestic violence and abuse does not discriminate. It happens among heterosexual couples and in same-sex partnerships. It occurs within all age ranges, ethnic backgrounds, and economic levels. And while women are more commonly victimized, men are also abused—especially verbally and emotionally. The bottom line is that abusive behavior is never acceptable, whether it’s coming from a man, a woman, a teenager, or an older adult. You deserve to feel valued, respected, and safe.
Abuse Victim: Your Inner Thoughts And Feelings
* feel afraid of your partner much of the time?
* avoid certain topics out of fear of angering your partner?
* feel that you can’t do anything right for your partner?
* believe that you deserve to be hurt or mistreated?
* wonder if you’re the one who is crazy?
* feel emotionally numb or helpless?
Your Partner’s Belittling Behavior
Does your partner:
* humiliate or yell at you?
* criticize you and put you down?
* treat you so badly that you’re embarrassed for your friends or family to see?
* ignore or put down your opinions or accomplishments?
* blame you for his own abusive behavior?
* see you as property or a sex object, rather than as a person?
The Full Cycle of Domestic Violence: An Example
A man abuses his partner. After he hits her, he experiences self-directed guilt. He says, “I’m sorry for hurting you.” What he does not say is, “Because I might get caught.” He then rationalizes his behavior by saying that his partner is having an affair with someone. He tells her “If you weren’t such a worthless whore I wouldn’t have to hit you.” He then acts contrite, reassuring her that he will not hurt her again. He then fantasizes and reflects on past abuse and how he will hurt her again. He plans on telling her to go to the store to get some groceries. What he withholds from her is that she has a certain amount of time to do the shopping. When she is held up in traffic and is a few minutes late, he feels completely justified in assaulting her because “you’re having an affair with the store clerk.” He has just set her up.