Indiana’s “Reasonable Parental Discipline” Standard in Child Battery Cases

Indiana courts give parents more leeway to physically discipline their children than Indiana’s laws would otherwise allow. Parents, for example, are generally allowed to spank their children, where doing the same to a random stranger could result in a battery charge. 

This exception to Indiana’s battery laws is not an absolute one. Parents are only allowed to use “reasonable force” on their children – the level of force that is necessary for “proper control, training, or education.” Courts have used an Indiana law that allows someone with “legal authority” – here, a parent – to engage in “conduct otherwise prohibited” – here, to commit what would otherwise be battery on a child – to justify allowing parents to discipline their children physically. 

There Are Limits to the Physical Discipline Parents Can Use

When a parent raises a defense of parental privilege to a charge that they committed battery against their child, the prosecutor must show that: 

• The force used by the parent was unreasonable or
• The parent’s belief that the force was necessary to control their child and prevent misconduct was unreasonable. 

It’s left to the jury (or to the judge if the defendant has waived a jury trial) to decide whether the prosecutor has introduced enough evidence to counter the parent’s privilege claim. If the jury finds that the parent was reasonable in using the level of force that they did against the child or that the parent’s belief that they needed to use that level of force was reasonable, then the parent’s claim of privilege will protect them from being convicted for battery. 

Razumich & Associates Can Help if You’ve Been Accused of Child Abuse

Many child abuse allegations arise out of a broken relationship, with one spouse claiming that the other has abused the couple’s child as a way of gaining an advantage in divorce or custody proceedings. In other cases, child abuse allegations are made by people required by Indiana law to report suspected child abuse. It’s not unusual for good parents to find themselves accused of child abuse for the wrong reasons. 

At Razumich & Associates, we understand Indiana’s laws relating to child abuse, as well as the rights parents have to use that reasonable amount of physical force to discipline their children. If you’ve been accused of child abuse, call us at 317-449-8661 or use our contact form to schedule a free consultation to discuss your case. You have rights as a parent; let Razumich & Associates help you protect those rights and defend you against criminal charges.