Assault and battery

[kaizen]

What is the name of your state (only U.S. law)? MI

Anyone know what the legal definition of assault and battery as a charge against a juvenile is? Looking for some info that lays out exactly what has to happen for it to be considered a&b.

 

[Zigner]

What is the name of your state (only U.S. law)? MI

Anyone know what the legal definition of assault and battery as a charge against a juvenile is? Looking for some info that lays out exactly what has to happen for it to be considered a&b.

http://www.legislature.mi.gov/%28S%28u13zao45txp3d0jditwcbfj3%29%29/mileg.aspx?page=getObject&objectName=mcl-328-1931-XI

That lists various assault related items

 

[LdiJ]

What is the name of your state (only U.S. law)? MI

Anyone know what the legal definition of assault and battery as a charge against a juvenile is? Looking for some info that lays out exactly what has to happen for it to be considered a&b.

I wish you would tell us what happened.

 

[kaizen]

Zigner, I did not realize it was the same for adults and minors. Thanks for the link.

My son got out of control when I would not give him his phone back. He broke a glass door, a couple of closet doors, an outside door and tried to tip over my desk and the shelves where I hold my late my daughter's cremains and photos. Then he backed me in a corner, got in my face and demanded that I give him his phone back. At that point, and with him being about 5"8" and 200+ pounds of muscle, I was scared.

I called the police. He was arrested, then released to his father for my safety.

Then his dad called and had the following question: could he come and get the phone. Seriously.

 

[tranquility]

Sounds a bit more like domestic violence than run of the mill assault and battery.

 

[sandyclaus]

Zigner, I did not realize it was the same for adults and minors. Thanks for the link.

My son got out of control when I would not give him his phone back. He broke a glass door, a couple of closet doors, an outside door and tried to tip over my desk and the shelves where I hold my late my daughter's cremains and photos. Then he backed me in a corner, got in my face and demanded that I give him his phone back. At that point, and with him being about 5"8" and 200+ pounds of muscle, I was scared.

I called the police. He was arrested, then released to his father for my safety.

Then his dad called and had the following question: could he come and get the phone. Seriously.

SO, ultimately, Dad ended up getting exactly what he wanted - the boy got to come back and stay with him again. (And how much do you want to bet that Dad ends up filing for emergency custody now, AND gets the boy a new phone that he - Dad - won't take away from him?)

I'm curious... How do you plan to proceed here?

 

[LdiJ]

Zigner, I did not realize it was the same for adults and minors. Thanks for the link.

My son got out of control when I would not give him his phone back. He broke a glass door, a couple of closet doors, an outside door and tried to tip over my desk and the shelves where I hold my late my daughter's cremains and photos. Then he backed me in a corner, got in my face and demanded that I give him his phone back. At that point, and with him being about 5"8" and 200+ pounds of muscle, I was scared.

I called the police. He was arrested, then released to his father for my safety.

Then his dad called and had the following question: could he come and get the phone. Seriously.

Dad is unbelievable. They had to have planned this. You need to make sure that your son has to deal with the consequences of his actions. He needs to spend some time in juvie.

 

[kaizen]

SO, ultimately, Dad ended up getting exactly what he wanted - the boy got to come back and stay with him again. (And how much do you want to bet that Dad ends up filing for emergency custody now, AND gets the boy a new phone that he - Dad - won't take away from him?)

I'm curious... How do you plan to proceed here?

Darn good question. I need to sleep on it, but yes, Dad and son got exactly what they both wanted. As an aside, I had told them both that that phone was not allowed in this house at least three times before. After I have done my best to try to get past the password screen to see what's in there that is so secretive, I'm planning to run it over with my car.

I wish they'd have detained son in juvie today. Dad's motion for custody was thrown out yesterday. I'm hoping the judge will just connect the very easy to see dots here - child told to return home, does for about 24 hours then raises hell cuz he didn't get his way. I hope the judge takes that into consideration and does not give dad or son what they want, even instead putting him in detention to learn that way. And if he gives him probation it will actually be a good thing because it will be a safeguard to keep him in check for next almost two years till he's 18 (or probation ends).

I am open to any and all suggestions on how to proceed.

 

[kaizen]

Dad is unbelievable. They had to have planned this. You need to make sure that your son has to deal with the consequences of his actions. He needs to spend some time in juvie.

You jogged a memory. When son came home yesterday, he said dad was downstairs wanting to talk to me. This was unusual. He doesn't usually do this. I just listened to the tape I had running when I went to the door. In it he says "how do you intend to keep him here? You know you never won anything. You just screwed yourself worse."

Interesting info to consider.

And I can not agree with you more about son needing to spend some time where they don't have cell phones (and many other creature comforts!). I want to know how to help make that happen. I want to know how to get him out of dad's house asap.

 

[OHRoadwarrior]

Why don't you just let him go? If it was my kid, he would not be coming back until he learned some humility.

 

[LdiJ]

Why don't you just let him go? If it was my kid, he would not be coming back until he learned some humility.

How is he going to learn some humility if he doesn't spend some time in juvie?

What has he learned so far? He has learned that if he destroys mom's house and scares the bejeesus out of mom that he gets what he wants...he gets to live with dad...and that dad will even be stupid enough to ask for the cell phone.

Dad need to spend some time in jail for contempt and junior needs to spend some time in juvie. Mom needs to hightail it back into court and tell the judge exactly what happened.

 

[TinkerBelleLuvr]

Do NOT destroy the phone. It holds the key to the action. Trust me when I say they were stupid enough to text it.

Take it to getting an emergency ex parte to have the child held in-patient somewhere.

And Ohio - this mom loves her kid. Sometimes, the parent knows that the alternative (life with dad) is the worst thing for the child. I lost a relationship over it but it was worth it.

 

[kaizen]

Will you please explain what you mean by this:

Take it to getting an emergency ex parte to have the child held in-patient somewhere.

How do I go about that?

Thank you SO much.

 

[TinkerBelleLuvr]

Your son needs help. It's going to go to court - we both know it. Find somewhere they can take your son for his anger issues and my guess will be ODD (total guess on my part but I've seen that type of behavior before). Dad's gonna go with the "I can take care of him" attitude.

You need him out of dad's influence here.

And break the code on the phone. Or at least have it for court so the judge can order it opened.

 

[kaizen]

Ok....thank you.

I've been working on the passcode. I won't destroy the phone per your advice. Makes sense.

And then tomorrow I'll go to the courthouse and ask for the emergency ex parte order.