Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I had a question about child abuse. Oregon. Not really

I had a question...

I had a question about child abuse

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/9/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,139
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

Can you tell me what your actual question is?

Ask Your Own Legal Question
Customer reply replied 1 year ago
I spanked my child and left a bruise on his bottom. it was a pretty good bruise and child welfare has removed my child with a protection order. went to court yesterday to get information and I have a settlement hearing on the 20th of this month. I am wondering if this is a criminal act and might there be jail time for this.

How was he spanked? That is, was it with your hand, a belt, paddle, etc...?

Ask Your Own Legal Question

Are you there?

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,139
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
no phone call sorry
Customer reply replied 1 year ago
with paddle
Customer reply replied 1 year ago
sorry computer froze but spanking was with a paddle
Phone call session started

Per your request, I will call shortly. Please give me 5 to 10 minutes, if that works. If not, please let me know what other time would be good for me to call.

Ask Your Own Legal Question
Customer reply replied 1 year ago
i didnt want a call i thought it was for something else sorry

That's fine. We can continue here and I'll make sure that any refunds are applied.

Can you tell me how old your son is?

Ask Your Own Legal Question
Customer reply replied 1 year ago
he is 9 years old

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you

Thank you for all that additional information. First of all, you need to know that Oregon law defines criminal abuse pretty narrowly (which is good for you). To convict a suspected child abuser of felony assault or criminal mistreatment, prosecutors must prove that the victim suffered a "physical injury" under Oregon law. And that, in turn, means proving that the person experienced "substantial pain."

An appeals court has made that hard to prove unless the victims can talk about how they suffered, and simple pain is not "substantial". The law leaves open another avenue for proving a "physical injury" – that the victim suffered an "impairment of a physical condition." But the appeals court has ruled that welts, bruises and shallow cuts aren't enough, and by implication the pain of welts and bruises wouldn't be enough.

Further the law provides a defense: 2015 ORS 161.205

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(1)(a) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.

So the prosecutor would have to prove that the force used was "unreasonable", and beyond a reasonable doubt that it was unreasonable. So if you used a metal bat, for example, that clearly would be unreasonable. But a paddle generally wouldn't be unreasonable. Of course it's still possible that they could bring charges. But it's a legal determination that the judge would make, prior to it even going to a jury, if the injury would amount to abuse. And it's difficult to get a conviction the way that the law is stated, so it's rare that they'd bring charges in the first place.

Now the child protection matter is different, in that their standard is the "best interests of the child", and I certainly would suggest getting an attorney to handle the CPS matter. But as far as criminal charges are concerned, it's very, very unlikely given the caselaw that is on the books.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Legal Question
Was this answer helpful?
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,139
18,139 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to know if (half) siblings have the absolute right to
I need to know if (half) siblings have the absolute right to visit.… read more
Advocate4You
Advocate4You
Juris Doctorate
43 satisfied customers
Can I get a restraining order against my sons grandparents
Can I get a restraining order against my sons grandparents because I have recently found out they have been having him seen by a doctor and had prescriptions fill all under a false name and paid cash … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am being investigated by children and youth services on the
I am being investigated by children and youth services on the basis of an annonymus tip. They are trying to force me to submit to a drug test today. I am blind and yesterday they came to my home and m… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,560 satisfied customers
I was recently arrested and charged for child abuse and need
I was recently arrested and charged for child abuse and need legal advice. I am in the state of California … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
If there is a finding of child abuse by CPS, can one's
if there is a finding of child abuse by CPS, can one's record ever be cleared? Especially if one was not aware that the finding could be contested. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
When someone makes an anonymous report of child abuse, is
when someone makes an anonymous report of child abuse, is the information in that recorded report divulged to caregiver of that child? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
I was accused of child abuse when my gf daughter fell and
i was accused of child abuse when my gf daughter fell and broke a leg iwas not alone with thew child my mother and family was there when the child fell i went thru family court and did everything i wa… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,263 satisfied customers
Who pays for testing (X-rays) etc. for child abuse protocol
Who pays for testing (X-rays) etc. for child abuse protocol in Indiana? Child under 1 yr old has hairline fracture in leg and requires mandatory protocol. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,263 satisfied customers
My brother-in-law has been arrested for alleged child abuse
My brother-in-law has been arrested for alleged child abuse in Green Bay. No attorney will represent him. Where can we find one? … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Felony battery, child abuse, mutilation, torture, non
Felony battery, child abuse, mutilation, torture, non consent. I need a lawyer for these issues … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If Oklahoma City DHS falsify a case of child abuse and there
If Oklahoma City DHS falsify a case of child abuse and there is a paper trail strongly pointing this out but parental rights have been terminated and State appeal has been denied and federal appeal ca… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,560 satisfied customers
I receive bed a letter of child abuse? I don't know what's
I receive bed a letter of child abuse? I don't know what's this or what I should do? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,102 satisfied customers
I am wondering what are the laws in the state of Oregon pertaining
I am wondering what are the laws in the state of Oregon pertaining to leaving minors unsupervised overnight?… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
is it legal to put soap in a childs mouth
i am wandering if it is legal to put soap in a childs mouth as a form of displin?… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
What does the law in Missouri say about spanking children
What kind of spanking constitutes child abuse?… read more
Dr.Diana
Dr.Diana
QMRP- SpEd Tutor- Minister- Groomer
Doctoral Degree
242 satisfied customers
i scratched my sons face in an attempt to spank him but he
i scratched my sons face in an attempt to spank him but he refused to bend over and allow me too, during our skuffle, i sratched his face, now CPS wants to investigate allegations of abuse, my son alr… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How can I get the name of someones social worker in CA when
How can I get the name of someone's social worker in CA when they do not want to tell the father who it is… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Is it legal to give your child a slap in the face for
Is it legal to give your child a slap in the face for misbehaving ?… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x