Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is considered appropriate punishment of a child versus abuse? Corporal punishment is allowed in Florida, but there are limits. One way abuse by a parent might be addressed is through a Florida domestic violence injunction. This was an issue in the case Bechert v. Bechert, 4D2024-0951 (April 9, 2025).
The mother in this case filed a petition for injunction against domestic violence against the father on behalf of their child. The petition alleged the father punched the daughter in the head, stomach and back; grabbed her by the hair, pulled her on the ground and sat on top of her; squished her head into the floor while on top of her and slapped her head and face until she started throwing up; and (4) continued to punch her and kicked her in the stomach and back. The incidents alleged arose from an altercation between the father and daughter in which the father accused the daughter of stealing, found drugs in her room, and proceeded to take away her phone. When he went to take the phone from the child, a struggle ensued in which the father’s finger was broken.
A guardian ad litem was appointed who testified that this was a mutual combatant situation which was inappropriate. A child protective investigator also deemed this to be a situation of mutual combatants. The mother entered into evidence at trial photos of bruising she observed on the child when the child was at the mother’s residence the next morning. Video evidence submitted by the father showed the child throwing objects at him in the kitchen when she asked for her phone back and he refused.
The trial court entered an injunction against the father, commenting it was “in the child’s best interest right now to feel as secure as I can make her feel.” The trial court found “the violence that [the mother] put in that petition . . . was terribly exaggerated. But, this child has a fear that she’s going to be made into, you know, all of a sudden having to spend time with this father she doesn’t know and doesn’t trust.” An injunction was entered against the father for six months and the father and daughter were ordered to attend reunification therapy. The father appealed.
The appellate court agreed with the father and reversed, holding “The father correctly argues there was no evidence of a history of domestic violence by the father toward the daughter or that the father had engaged in behavior in the past that would give the daughter reason to objectively believe she was imminently about to be subjected to domestic violence. The father also correctly argues the trial court found the daughter’s fear as to the future was ‘a fear she’s going to be made into, you know, all of a sudden having to spend time with this father she doesn’t know and doesn’t trust.’ The DV injunction in this case was based solely on the New Year’s Eve physical incident between the father and daughter. In its oral summary of the evidence, the trial court described the ‘physicality’ used by the father as ‘he, physically, wrenched [the cellphone] from her.’ Significantly, the trial court made no mention of any other physical contact by the father or injury to the daughter. Based on oral statements of the trial court at the final hearing, we agree with the father’s argument that the trial court determined his physical and verbal actions in taking away the daughter’s cell phone was punishment for perceived theft and possession of marijuana and a vape pen. The father argues his actions were appropriate physical punishment, not domestic violence. We agree with the father’s arguments and reverse [. . .]”.
Schedule your meeting with a Miami family law attorney to determine how the law may apply to the facts of your case.