Order of Protection Dismissed
Henderson & Waterkotte represented a man who was accused of abusing his son by spanking him. In Missouri, spanking by parents is permitted as long as it does not cause harm. Harm can be shown by bruising, welts, bleeding, etc. It adds to proof of harm if the child shows fear in returning to the parents custody after the allegations. After a thorough investigation, HW was able to dispute the presence of severe markings, point to lack of fear from the child, and show the spanking was needed and not more than necessary. In turn, the case was DISMISSED.