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Roger
Roger, Attorney
Category: Family Law
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Is it against the law to spank your kid with a belt in WV

Resolved Question:

Is it against the law to spank your kid with a belt in WV? I caught my son stealing 400 dollars, and busted his butt with a belt. It only left welts, as I didn't take his pants down or anything. But now, they're asking me to bring my kids in for forensic interview for child abuse????? I can't help but think he told his teacher he got his butt busted with a belt, but do I have to worry about this? I mean, I didn't wail on him with the buckle, or break the skin, or anything like that. Just a few swats across the butt???
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Generally, spanking without injury is not considered child abuse in West Virginia. However, if there is some physical injury - such as bruising - it could be considered abuse.

 

Unfortunately, there's no bright line on this other than the issue of whether or not there's any injury.

 

Customer: replied 5 years ago.
I don't believe there was bruising. But there could have been some broXXXXX XXXXXttle blood vessels. Like the ones you get around your eyes when you vomit too hard and look like little red freckles. Would that be considered injury? And I only swatted him a couple of times. That surely wouldn't have bruised him, would it???
Expert:  Roger replied 5 years ago.
I certainly agree with you that such slight "marks" would be considered a physical injury.

If there are no bruises, cuts, etc., you should be in good shape.
Customer: replied 5 years ago.

Would be considered or wouldn't be considered?

 

Expert:  Roger replied 5 years ago.
If there's no physical evidence, it should not be abuse. If there is evidence, whether or not it's abuse depends on the view of the investigator.
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