This case came to the attention of the Family Defense Network of Ohio after the father was arrested under the Domestic Violence statute for spanking his daughter. The names of the participants in this case have been changed.

ARREST AND TRIAL OF MARVIN ALLEN, ARRESTED UNDER THE DOMESTIC VIOLENCE LAW FOR SPANKING HIS DAUGHTER.

January 26, 2002

The father, Marvin Allen, spanks his ten-year-old daughter, Mary, for talking back to her mother. Marvin uses a belt, spanking Mary on the buttocks with her pants on.

Unbeknownst to the father and mother, Mary sneaks out of the house to "run away." She is picked up by the police a block away from the home. She tells the police that her father spanked her with a belt.

The mother, Denise Allen, realizes that Mary is not in her room and calls the police department to report her daughter missing. The police advise Denise that they already have the girl and are returning her to her home.

Two police officers come to the Allen home. One of the officers questions Marvin, asking him if he struck his daughter. Marvin states that he disciplined Mary for talking back to her mother by spanking her on the buttocks.

The child is checked for injuries. No marks are found on the girl. The police take pictures of the girl's buttocks, but nothing can be seen in the photographs. The Allens have since received copies of those photos.

One of the officers advises Marvin that he is under arrest for domestic violence. Denise overhears the other officer say to the arresting officer, "Are you sure you want to do this?" The arresting officer answers in the affirmative and places Marvin in handcuffs, leading him to the police car.

The Department of Children's Services contacts Denise Allen and informs her that Marvin is not allowed to return to the home.

January 28, 2002

The mother, Denise Allen, disciplines her daughter for running away. She takes the radio out of her room and prohibits her from watching any television. The daughter goes to school and tells the counselor. Denise receives a telephone call from the County child abuse investigator, who advises her that she is prohibited from disciplining her daughter in any manner.

Marvin appears in court. The judge denies his request for a court appointed attorney. The Department of Children's Services files a Temporary Protection Order, which is granted by the court. Marvin is ordered to stay away from his home and Mary. The court appoints public defender Ruby Jackson to the mother, Denise Allen, although Denise has not been charged with any crime.

Angela Dressler of The Department of Children's Services visits the children and talks to them alone.

The Allens talk to members of The Department of Children's Services and are told that if Marvin fights his case, he will lose it in court and will probably spend time in jail. The Allens contacted several attorneys, who also advised them that the domestic violence law applied to their circumstances, and that they should plead guilty to the charge.

February 2002

Marvin Allen appears in court and pleads guilty to the charge of Domestic Violence.

The Allens attend a counseling session with a family therapist, Dr. Paula Ming. The doctor supplies the Allens with a videotape of a lecture given by Detective Surgenor, outlining the laws in Ohio pertaining to parental authority and child abuse. The Allens realize that the domestic violence law does not apply to a parent disciplining their child. The Allens contact the Family Defense Network of Ohio and discuss their case. Detective Surgenor suggest that Marvin change his plea to Not Guilty. The Allens are also advised to purchase a small tape recorder and begin taping all of their conversations with Children's Services, both on the telephone and in person.

Marvin submits a letter to the court asking that his plea be changed from Guilty to Not Guilty. The request is granted, and Marvin is given a date for another arraignment.

Marvin appears in court and pleads Not Guilty to the charge of Domestic Violence.

Department of Children's Services worker, Angela Dressler, contacts Marvin and Denise and orders them to meet with her in her office separately.

Denise arrives for meeting with Angela Dressler. The Department of Children's Services worker sets several papers on the desk in front of Denise and instructs Denise to sign them. Denise asks what the papers are for, and is told that it is a "safety plan" for the children. Denise asks why it is necessary that she sign the papers, and asks what would happen if she failed to sign them. Angela Dressler tells Denise that she is in a "gray area," and it "would be wise" to sign the papers. Dressler then informs Denise that although her children are with her now, they could all be taken away if Denise does not sign the papers. Denise decides to sign the papers so that she can keep her children.

The Department of Children's Services files the Safety Plan with Juvenile Court.

Marvin and Denise appear in court. The judge orders the Safety Plan into effect, and orders that Marvin have no contact with the daughter, Mary.

The Allens hire an attorney from Akron named Abe Kensington.

March 2002

Attorney Kensington files an eight page Motion To Dismiss with the court, explaining the Ohio Appellate Court decisions stating that the Domestic Violence law does not apply when a parent spanks a child. The motion is denied and a date is set for trial.

May 2002

Juvenile Court continues the juvenile case until the case in Criminal Court is resolved.

June 19, 2002

The case is heard in Criminal Court before a jury and a judge.

Attorney Abe Kensington attempts to enter into evidence the Ohio Appellate Court decisions that states the Domestic Violence statute does not apply to a parent who spanks their children. The judge refuses to allow the jury to hear that evidence.

Attorney Kensington attempts to show that the Child Abuse statute gives the parent the authority to spank their children. The judge states, "I don't care what it says, any father who hits their kid should go to jail."

After twenty minutes of deliberation, the jury returns with a verdict of Not Guilty. The jury members approach the Allens after the trial, wishing them "good luck" and hugging them.

Marvin is still unable to return home due to the No Contact order issued by Juvenile Court

June 21, 2002

Denise's attorney, Ruby Jackson, files a motion with Juvenile Court to have the No Contact order lifted. The Children Services attorney is not available, the No Contact order is still in effect, and Marvin is still banned from his home.

July 19, 2002

The Department of Children's Services attorney finally signs papers to allow Marvin to return to the home.

August 2002

Briana Hill of The Department of Children's Services attends a family conference for the Allen's twelve-year-old son. Hill states that Marvin and Denise are unable to care for their son for "obvious reasons."

The Department of Children's Services dismisses case against the Allens in Juvenile Court.

Since Then

Denise and Marvin Allen have separated and are filing for divorce. The children are harder to control, and the cost of the ordeal has set the Allens back quite a bit financially. Their lives have been disrupted to a point where it appears things can never be the same.

Family Defense Network of Ohio     Office Box 26348, Cleveland, Ohio 44126     440-829-9830    FamilyDefenseNet@cox.net

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