Personal Injury and Criminal Defense Legal Blog

How much force can a parent use in disciplining their child without becoming criminally liable

In Edmonds, Washington, Councilman Dave Orvis was recently acquitted by a jury of criminal charges of domestic violence assault. The alleged victim was his 13 year old son. Orvis could have faced up to a year in jail if convicted of the fourth-degree domestic violence assault charge. He could have also been ordered to attend domestic violence/anger management counseling under the supervision of the Snohomish County District Court in Everett. “Obviously, I’m relieved,” Orvis said. “If I thought what I’d done was against the law, I would have pleaded guilty.”

Snohomish County Deputy Prosecutor Jesse Corkern told jurors that Orvis had “crossed the line” when he grabbed his son by the hair and dragged him down a hall at the family’s Edmonds home after the boy refused to do his homework and repeatedly told his father to “shut up” in May. Orvis’ son was not injured during the alleged altercation; however he ran away for a week. When he returned, he told police he was not in fear for his safety at the family home.

The Snohomish County Deputy Prosecutor argued that Orvis’ own statement to police that he had “flipped out” in trying to deal with his son that afternoon was strong evidence that he was guilty of domestic violence. The prosecutor argued that parents have the duty to maintain control. Criminal-defense attorney Mark Mestel asked jurors to be the “conscious of the community” and decide whether the state should criminalize a parent who uses reasonable force against a “stubborn and resistive” teen. Mestel argued Washington law allows parents to use force to restrain a child as long as it’s reasonable and moderate. This is a very discretionary standard that that will turn on the specific facts of each criminal prosecution. Mestel argued the law attempts to balance the need of parents to discipline their children with the state’s interest in keeping them from harm.

Jurors who spoke to reporters after the trial said they didn’t think Orvis used excessive force, and they questioned bringing criminal charges against a frustrated parent. “I have a problem with the state getting involved with minor disputes in a family,” said Scott Johnston, the foreman of the jury. The jury foreman shook Orvis’ hand after the trial and told him, “If you’re guilty, every parent is guilty.”