You can find counselors through a social worker, public health departments, social services, or your school. [5] X Trustworthy Source State of Michigan Official website for the State of Michigan Go to source
While you should apologize if you did something wrong that led to the punishment, and the punishment was minor, you should never apologize for being the victim of abuse. If any punishment rises to the level of abuse, you need to have a more serious conversation.
However, if the physical punishment continues even after having this discussion, you may need to take more serious steps to stop the corporal punishment.
Corporal punishment is allowed, to a degree, in every state for parents disciplining their children in the home. No federal law prohibits corporal punishment in schools. However, 31 states prohibit corporal punishment in public schools. For example, Iowa explicitly bans the practice in all private and public school settings. However, Florida, for example, allows teachers to use corporal punishment so long as they follow certain policies. [6] X Research source Some states only allow certain individuals to use corporal punishment. In Texas, only parents, grandparents, stepparents, and guardians can use the tactic. [7] X Research source
For example, in Massachusetts, a parent can be held criminally liable if the force used against you is unreasonable; if the force causes physical harm, gross degradation, or severe mental distress; or if the force used is not reasonably related to your punishment. In Florida, a teacher can be punished if they use corporal punishment without it being in the presence of another adult who has been informed of the reason behind the punishment. [8] X Research source
Spankings; Slaps; and Being hit with a ruler or other tool;
Lowering of your self-esteem; Interference with your learning processes Feelings of loneliness, sadness, and abandonment; Thoughts of violence; or Difficulties being social.
Corporal punishment can make you feel anxious and guilty. Taking part in corporal punishment can make you act violently in other settings. Corporal punishment can stifle your relationship with your child.
In some localities you may even be able to file a report online. You do not need to be 18 to file a report so do not be afraid to call the police if you need to. [9] X Trustworthy Source National Domestic Violence Hotline Organization providing lifesaving tools, support, and resources for victims and survivors of domestic abuse Go to source Unlike going to civil court, creating this sort of report may result in criminal charges being brought. If criminal charges are brought, a prosecutor may bring a case against the offender and it may result in that person being imprisoned for a period of time.
In California, you would file an Application for Appointment of Guardian Ad Litem (Form CIV-010). You can only fill out this form by yourself if you are over the age of 14. If you are younger than that, someone will have to fill out the form for you. You will need to include information about who you want appointed, what their relationship is to you, and why you are asking to have them appointed. [10] X Research source
Check with your state laws by going online or visiting your local library. If you go to your local library, the librarians will often be able to help you find what you are looking for. Without actually hiring a lawyer, you may be able to talk to one quickly and get an idea of how to proceed. Usually this will be in the form of an initial consultation.
To make out a claim for battery, you will have to be able to show that someone intentionally caused harmful or offensive contact with your person without your consent. [11] X Research source To sue on a theory of assault, you must be able to show that someone put you in reasonable apprehension of an imminent harmful or offensive contact. [12] X Research source Unlike battery, you do not need to be physically contacted to make out a valid claim for assault. Usually, your guardian ad litem and attorney will bring a case claiming both battery and assault. If you want to sue for intentional infliction of emotional distress, you must be able to show that the adult acted intentionally or recklessly, that their conduct was extreme and outrageous, and that their conduct caused you severe emotional distress. [13] X Research source In California, you may also be able to bring a suit for harassment, which is defined as unlawful violence (i. e. , assault or battery). [14] X Research source
A statement of jurisdiction and venue explaining why you are in the right court; A description of the parties; A statement of the facts, which will include a detailed description of how and when you were abused; The claims you are making (i. e. , that you are suing on a theory of battery and assault); and A request for relief, which will include asking the court to find in your favor and award a certain amount of money. [16] X Trustworthy Source Public Counsel Largest pro bono law firm in the U. S. Go to source
If you cannot afford the filing fee, you may be able to get a fee waiver. Your guardian ad litem will have to show that they do not have the income to pay the fees.
The most common way of providing service is to have the sheriff’s office or another individual over the age of 18 personally give the papers to the defendant. You can find proof of service forms online at most state court websites. [17] X Research source
Subpoenas, which is a court order requiring the other side to provide you with certain information. Subpoenas are a powerful tool you may try to use to force someone to answer questions about the punishment you received. Oftentimes, parents or teachers will be unwilling to submit to voluntary questioning and you may need a subpoena to help your cause. Depositions, which are in-person interviews of potential witnesses. Depositions will be incredibly important to a case about corporal punishment. You will want to depose parents, teachers, and any other individuals related to the case. This may also include deposing police if they were ever called. Interrogatories, which are written questions another party is required to answer. Interrogatories are a great way to get information about abuse if you cannot get the witness deposed. You should ask questions about the type and extent of the punishment, how it was administered, and who administered it.
In reality, this means you will have to show the court that all the facts are in your favor and the law is clear. If there is any factual dispute, you will not be granted summary judgment. For example, if you sued someone under a theory of battery, you would have to convince the judge that all the facts surrounding your case make it clear that the elements of battery are met. If any questions loom as to who is responsible for the unwanted contact or whether you consented, the case will survive a motion for summary judgment.
Assess the other party’s strengths and weaknesses; Persuade the other party that you are likely to succeed in court and that it would be advantageous to settle; and Bargain with the other party until an acceptable settlement can be reached (or you go to trial).
At trial, depending on your age and relationship to the defendant, you may be required to confront them. If this is not something you feel comfortable with because of the abuse you have endured, you need to talk to your attorney about your options.
