The court fined a resident of the Khmelnitsky region for domestic violence because she gave a belt to a child.
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The appellant did not convince the court that beating a child is not domestic violence.
To find her guilty of domestic violence and to collect a fine of 340 hryvnia from her – this is the decision of the Slavuta City District Court of the Khmelnytsky region regarding a resident of the Khmelnytsky region who pushed, pulled by the clothes and obscenely insulted her young daughter, the appeal court left unchanged.
According to Judicial Power, the events took place in February 2024: the girl came to her grandparents and said that during a quarrel, her mother pulled her and hit her in the face with her palms. The grandfather called the police and told law enforcement officers about violence against his granddaughter.
During the trial, the teenager’s mother did not plead guilty because she was sure that beating a child was not domestic violence.
She also did not agree with the decision of the local court, which found him guilty under Part 1 of Art. 173-2 of the Code of Administrative Offenses (domestic violence) and fined her, so she filed an appeal with a request to cancel the court decision.
According to her, she really slapped the child in the face and hit her with a belt on the body, however, she did this for the purpose of education and in response to the girl’s rudeness.
But the appeal court agreed with the conclusion of the court of first instance – evidence in the case: a protocol on an administrative offense, a report on the acceptance of an application from the “102” service with notification of domestic violence, a protocol on the acceptance of a statement about an offense, written explanations of the applicant and his grandchildren, a risk form committing domestic violence, according to which the abuser had previously intimidated the child, confirm that the mother’s actions contain elements of the incriminated offense.
Having examined the circumstances of the case, I believe that in actions [апелянтки] the existing composition of the administrative offense provided for in Part 1 of Art. 173-2 of the Code of Administrative Offenses, since during the trial the nature of the domestic violence committed was proven, namely actions of a psychological and physical nature against [дитини]: pushing and chattering of a minor for clothes, insults with obscene language, as a result of which harm could be caused to the mental and physical health of the minor, – stated in the appeal decision.
Source: Racurs
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