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Battery

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robmod

Junior Member
Well, I had alot more written but could not figure out how to send, and lost it.
My son lived with his Dad (in the dining room). Son was 20 when this happened (2 weeks ago). Son told me earlier in the day (I live in Ca) that Dad was harrassing him again verbally over minor crap. Son tended to be the "whipping post" for Dad's moods. I had told son he needed to move out. Dad started up in the evening and was verbally harrassing son again over music. Son turned off music on computer speakers, and told Dad he did not want to fight and the music was off and to please stop yelling @ him. Dad continued and was in son's physical space. Son gets feed up, and stands up and with an open hand pushes Dad out of his space via the chest. Dad then with an open hand hits son in the face. Son with a closed fist hits Dad in the mouth. Dad hits back at son. They both realize Dad is bleeding at the lip and the fight stops. Dad kick son out. Son is not allow to take any belongings. Son asks for 5 minutes to get some stuff, Dad refuses and continues to swing @ and try to kick son. Son leaves and goes to Grandma's for the night ans several more days. My son called me and was very upset. Dad goes to the ED and tells the RN how he got hurt. RN has to report it, though Dad says he did not want police involved. Dad also had 2 broken fingers (no surgery). Next day, Dad calls son to tell him to call a cop. Son is at work, calls the cop, they come to his work and arrest him. He is booked in Co jail for battery (misdemeaner) over night and sees a video camera the next day which sets bail @ 1000 and Dad bails son out for $100.00. Son was not hurt with the exception of a bruise on his knee. No one has heard son's side of this incident. Only Dads. My son said the police report said Dad broke his fingers by falling due to the punch. My son said this is incorrect, Dad never fell. Son has no priors and has a FT (although low paying) job which he has been @ for 1.5 years. My son cannot afford an attorney and will get a PD. What can happen in this situation. Could he go to jail? Fine? Probation? Dad has issues and my son was tring to save up to move out. This is a horrible situation which has torn the family up. Thanks for your insight.
 

garrula lingua

Senior Member
Well, I had alot more written but could not figure out how to send, and lost it.
My son lived with his Dad (in the dining room). Son was 20 when this happened (2 weeks ago). Son told me earlier in the day (I live in Ca) that Dad was harrassing him again verbally over minor crap. Son tended to be the "whipping post" for Dad's moods. I had told son he needed to move out. Dad started up in the evening and was verbally harrassing son again over music. Son turned off music on computer speakers, and told Dad he did not want to fight and the music was off and to please stop yelling @ him. Dad continued and was in son's physical space. Son gets feed up, and stands up and with an open hand pushes Dad out of his space via the chest. Dad then with an open hand hits son in the face. Son with a closed fist hits Dad in the mouth. Dad hits back at son. They both realize Dad is bleeding at the lip and the fight stops. Dad kick son out. Son is not allow to take any belongings. Son asks for 5 minutes to get some stuff, Dad refuses and continues to swing @ and try to kick son. Son leaves and goes to Grandma's for the night ans several more days. My son called me and was very upset. Dad goes to the ED and tells the RN how he got hurt. RN has to report it, though Dad says he did not want police involved. Dad also had 2 broken fingers (no surgery). Next day, Dad calls son to tell him to call a cop. Son is at work, calls the cop, they come to his work and arrest him. He is booked in Co jail for battery (misdemeaner) over night and sees a video camera the next day which sets bail @ 1000 and Dad bails son out for $100.00. Son was not hurt with the exception of a bruise on his knee. No one has heard son's side of this incident. Only Dads. My son said the police report said Dad broke his fingers by falling due to the punch. My son said this is incorrect, Dad never fell. Son has no priors and has a FT (although low paying) job which he has been @ for 1.5 years. My son cannot afford an attorney and will get a PD. What can happen in this situation. Could he go to jail? Fine? Probation? Dad has issues and my son was tring to save up to move out. This is a horrible situation which has torn the family up. Thanks for your insight.

If your son was 20, he should have been on his own, or obeyed his Dad while under his roof.
Why wasn't son living with you if Dad was so bad ?
It may be hard for you to swallow, but your ex sounds innocent in this (other than the civil requirement of returning possessions).

Even reading your (son's) version. son began this by committing battery.
I'm sure Dad will try to get this dismissed.

Why don't you stay out of this & just counsel your son to try to reconcile with his father ?
Whatever happens in court, hopefully they'll start communicating and accept each other.

If Dad speaks to the Prosecutor on behalf of son, the case may get reduced/dismissed/sent to deviation.

Unless your son is going to lie, the jury should find him guilty of battery.
 

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