Legal Definitions - domestic authority

Domestic authority refers to the legal right that an individual has to use reasonable, non-deadly physical force to protect someone for whom they are responsible. This often applies to relationships such as a parent protecting a child, or a legal guardian protecting their ward. It can also serve as a legal defense for someone who has used such force in a protective capacity. The key elements are the responsibility for another's safety and the use of force that is necessary and not intended to cause serious harm.

• Example 1: A parent is walking with their young child near a busy street. Suddenly, the child darts towards the curb, seemingly unaware of an approaching bicycle. The parent quickly grabs the child's arm and pulls them back to safety, preventing a potential collision.

  How this illustrates domestic authority: The parent, being responsible for the child's safety, used immediate, non-deadly physical force (grabbing and pulling) to protect the child from an imminent danger. This action falls under their domestic authority to ensure the child's well-being.

• Example 2: A legal guardian is supervising two children in their care. One child becomes upset during playtime and picks up a heavy toy, threatening to throw it at the other child. The guardian steps in, gently but firmly taking the toy away from the agitated child and separating them to de-escalate the situation.

  How this illustrates domestic authority: As the legal guardian, they have the responsibility to protect both children from harm. Their action of physically intervening to remove the toy and separate the children, using non-deadly force, is an exercise of their domestic authority to prevent injury.

• Example 3: A grandparent, who has temporary legal custody of their grandchild, notices the toddler reaching for a hot stove burner. Without hesitation, the grandparent quickly but gently moves the child's hand away and lifts them to a safe distance.

  How this illustrates domestic authority: The grandparent, acting in a custodial role, is responsible for the grandchild's safety. Their swift, non-deadly physical intervention to prevent the child from touching a dangerous object demonstrates the use of domestic authority to protect the child from immediate harm.