Child Discipline Defense Requires Factor Analysis

Ugolini v. Ugolini, No. 36156-0 (December 17, 2019), Washington Court of Appeals, Division Three.

Brief: Remand was required because the father argued he used lawful force when disciplining the child, the court failed to enter findings whether the discipline exceeded that allowed under RCW 9A.16.100, and the court abused its discretion by not analyzing the appropriate factors and concluding that any physical discipline by a parent constituted domestic violence.

Translation: A man was convicted for abusing his child, but a law permits a limited defense. The court must analyze certain factors to grant/deny the defense. The man raised the defense; the court denied his defense without analyzing the factors. The case was sent back down to the lower court to look at the factors properly.

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