Smith v. Murphy
2017 Ark. App. 188
| Ark. Ct. App. | 2017Background
- Mother (Murphy) filed a verified petition alleging Father (Smith) struck their 4-year-old son S.S. with a leather belt during visitation in Texas, producing bruises from upper back to knees and mental-health crisis (inpatient treatment, suicidal statements).
- Ex parte protection order issued; a final order of protection was entered after bench hearings, prohibiting Smith from contacting the children and denying visitation for five years.
- Evidence at trial: photos of bruises, therapist testimony diagnosing S.S. with PTSD and linking worsening behavior to the incident, sister E.S.’s contemporaneous statement/transcript describing belt beating, and Texas CPS finding of physical abuse.
- Smith admitted spanking with a belt (said three swats after child allegedly punched him), denied wrongdoing, and testified he would not spank again.
- The district judge found Smith not credible, concluded the belt beating was not reasonable or moderate corporal punishment, and found domestic abuse under Ark. Code Ann. § 9-15-103(3)(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether single belt spanking with bruising qualifies as "domestic abuse" under the Domestic Abuse Act | Murphy: single incident with bruising and resulting trauma meets statutory definition of physical harm/bodily injury | Smith: corporal punishment by a parent is not per se abuse; bruising after spanking is insufficient | Court: affirmed — facts (bruises, therapist, CPS finding, credibility) support domestic abuse finding |
| Sufficiency of evidence for issuing a protective order and denying visitation for five years | Petitioner: evidence shows ongoing risk and harm to children warranting protection and temporary custody/visitation restrictions | Smith: order is severe deprivation of parental rights and single incident insufficient | Court: sufficiency challenge rejected; credibility and weight of evidence upheld; duration argument not developed on appeal and not addressed |
Key Cases Cited
- Bohannon v. Robinson, 447 S.W.3d 585 (Ark. 2014) (standard of review for sufficiency and preservation of sufficiency claims on appeal)
- Steele v. Lyon, 460 S.W.3d 827 (Ark. App. 2015) (protective-order remedies under Domestic Abuse Act)
- Pablo v. Crowder, 236 S.W.3d 559 (Ark. App. 2006) (examples of conduct meeting domestic-abuse definition)
- Johnson v. Ark. Dep’t of Human Servs., 413 S.W.3d 549 (Ark. App. 2012) (corporal punishment context under juvenile law)
- Brown v. Brown, 68 S.W.3d 316 (Ark. App. 2002) (corporal punishment not necessarily child abuse under other statutory schemes)