Quick question about sibling assault.

[AceTrainerAndy]

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

Hey everybody! To start this story off, I would like to say my Brother is 16 and I am too. My brother and I are minors. We are brothers, and sometimes we get under each other's skin. That is to be expected. Sometimes my brother takes it too far though. My brother challenges me to fist fights sometimes. Normally, I just laugh them off and be the bigger person and walk away. I was wondering, if he was to hit me, what are my legal rights? Can I call the Police and bust him under assault? Will they take him to Juvenile Hall? I told my mom if he ever hits then I am going to call the Police and have him taken away and she says the Police won't do anything. I would really like to see him go to Juvenile Hall or at least face some charges because I fear he is going to grow up to be a "wife-beater". Thanks in advanced!

 

[justalayman]

Hey everybody! To start this story off, I would like to say my Brother is 16 and I am too.My brother and I are minors.

well, if you were MINERS it might be something you need to post but everybody here realizes you are minors.

We are brothers,

Um, you already said that.

Can I call the Police and bust him under assault?

well, the cops can arrest but you need to be careful; what if they believe your brother that you started it and yuo go to jail?

better yet: what if mom goes to jail for failing to control and protect her children (child neglect)


It sounds like mom needs to bring the smack down on the both of you. You're kids. Kids do dumb things including whacking their siblings occasionally. That's when mom needs to be a disciplinarian and control the situation.

 

[AceTrainerAndy]

well, if you were MINERS it might be something you need to post but everybody here realizes you are minors.


Um, you already said that.


well, the cops can arrest but you need to be careful; what if they believe your brother that you started it and yuo go to jail?

better yet: what if mom goes to jail for failing to control and protect her children (child neglect)


It sounds like mom needs to bring the smack down on the both of you. You're kids. Kids do dumb things including whacking their siblings occasionally. That's when mom needs to be a disciplinarian and control the situation.

Thanks for the reply. I just wanted to make it extremely clear that we are brothers and we are minors. Here is an example of why he would want to fight me. I would call his girlfriend a name and he would stand up and threaten to punch me. My mother refuses to take care of issues because she has this "they're boys" mentality. We do an equal amount of screaming and yelling and sometimes I do egg him on sometimes, but most of the time it is equally shared and he wants to fight after a couple exchanges of words.

 

[TheGeekess]

Thanks for the reply. I just wanted to make it extremely clear that we are brothers and we are minors. Here is an example of why he would want to fight me. I would call his girlfriend a name and he would stand up and threaten to punch me. My mother refuses to take care of issues because she has this "they're boys" mentality. We do an equal amount of screaming and yelling and sometimes I do egg him on sometimes, but most of the time it is equally shared and he wants to fight after a couple exchanges of words.

Most brothers would.

You're worried about him 'abusing women'. How about you? Calling women names is abuse, too.

 

[AceTrainerAndy]

Most brothers would.

You're worried about him 'abusing women'. How about you? Calling women names is abuse, too.

She does the same thing to me, but I guess two negatives only make a positive in Mathematics. Let's say my brother was to lay a good punch on me, and I didn't touch him after the punch and immediately picked up my phone and called the police. Could they bust him for Assault?

 

[LdiJ]

She does the same thing to me, but I guess two negatives only make a positive in Mathematics. Let's say my brother was to lay a good punch on me, and I didn't touch him after the punch and immediately picked up my phone and called the police. Could they bust him for Assault?

Theoretically they could, but I wouldn't bet odds that they actually would. How about you simply avoid altercations with your brother? After all, there is no reason why you have to insult his girlfriend or do anything else to provoke him.

 

[Proserpina]

She does the same thing to me, but I guess two negatives only make a positive in Mathematics. Let's say my brother was to lay a good punch on me, and I didn't touch him after the punch and immediately picked up my phone and called the police. Could they bust him for Assault?

Sure. It's possible.

It's more likely though that they'd roll their eyes and get on with protecting folk who actually need it.

Or, get Mom into trouble.

Honestly? You both need to grow up.

 

[d m m]

Theoretically they could, but I wouldn't bet odds that they actually would. How about you simply avoid altercations with your brother? After all, there is no reason why you have to insult his girlfriend or do anything else to provoke him.

They would. I was arrested for assault on my 18 year old sister for slapping her in the face and I'm only 15. I was taken to the drunk tank for the night and now I have a trial set up etc. And avoiding altercations isn't something that can be done 'simply' as you stated as some people, regardless of whether or not they are related simply aren't able to coexist peacefully.

 

[CdwJava]

They would. I was arrested for assault on my 18 year old sister for slapping her in the face and I'm only 15. I was taken to the drunk tank for the night and now I have a trial set up etc. And avoiding altercations isn't something that can be done 'simply' as you stated as some people, regardless of whether or not they are related simply aren't able to coexist peacefully.

One can coexist without physical violence even if one does not like someone else. The attacker makes the decision to strike out. Unless you were coerced into striking your sister, YOU made the decision to lash out at her. Hopefully this was an isolated incident and not an indication of something intrinsic to your character. Lashing out in violence at this young an age does not bode well for your future. Hopefully your parents - or the court - will compel you to seek some form of counseling in order to nip this in the bud now, rather than later. With the proper counseling, you can also learn coping mechanisms that will help you coexist with annoying siblings, friends, and one day, lovers/spouses.

 

[dave33]

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

Hey everybody! To start this story off, I would like to say my Brother is 16 and I am too. My brother and I are minors. We are brothers, and sometimes we get under each other's skin. That is to be expected. Sometimes my brother takes it too far though. My brother challenges me to fist fights sometimes. Normally, I just laugh them off and be the bigger person and walk away. I was wondering, if he was to hit me, what are my legal rights? Can I call the Police and bust him under assault? Will they take him to Juvenile Hall? I told my mom if he ever hits then I am going to call the Police and have him taken away and she says the Police won't do anything. I would really like to see him go to Juvenile Hall or at least face some charges because I fear he is going to grow up to be a "wife-beater". Thanks in advanced!

Are you serious? Calling the cops on family members should only be reserved for the gravest of situations, this does not apply.

You should also be aware as Justalayman pointed out, calling the cops often has unforeseen consequences. To get the police involved is
almost never a good idea. They may put you in jail. You really better think this one through. goodluck.

 

[d m m]

One can coexist without physical violence even if one does not like someone else. The attacker makes the decision to strike out. Unless you were coerced into striking your sister, YOU made the decision to lash out at her. Hopefully this was an isolated incident and not an indication of something intrinsic to your character. Lashing out in violence at this young an age does not bode well for your future. Hopefully your parents - or the court - will compel you to seek some form of counseling in order to nip this in the bud now, rather than later. With the proper counseling, you can also learn coping mechanisms that will help you coexist with annoying siblings, friends, and one day, lovers/spouses.

Yes I am no longer living with my mother and my sister and yes I was instigated, and yeah I'm already in therapy and seeing a psychologist and psychiatrist for anger issues I've been strugging with since early childhood as well as mental health issues (borderline personality disorder, social anxiety, major oppression and ODD) so I don't have a very easy time controlling my anger especially when she knows what exact things will set me off and does all of them just for the purpose of making me lash out.

 

[CdwJava]

Yes I am no longer living with my mother and my sister and yes I was instigated, and yeah I'm already in therapy and seeing a psychologist and psychiatrist for anger issues I've been strugging with since early childhood as well as mental health issues (borderline personality disorder, social anxiety, major oppression and ODD) so I don't have a very easy time controlling my anger especially when she knows what exact things will set me off and does all of them just for the purpose of making me lash out.

You had better get a grip on this problem, or your future is likely to consist of dysfunctional relationships and incarceration from an early age.

 

[CdwJava]

She does the same thing to me, but I guess two negatives only make a positive in Mathematics. Let's say my brother was to lay a good punch on me, and I didn't touch him after the punch and immediately picked up my phone and called the police. Could they bust him for Assault?

Okay, as the father of three boys and guardian to a forth - ALL teenagers, AND as a police officer, let me start by saying that sibling conflict is natural. While fistfighting is not appropriate and should be dealt with in the home, the police are unlikely to want to step in and deal with two minor brothers rolling around on the floor.

Yes, if your state permits it, you may be able to demand a citizen's arrest of your brother, and the police might have to accept it, but chances are they will simply turn him over to mom and NOT haul him off to juvenile hall. Having your brother arrested may ultimately cost your family a lot of money (for court fees, fines, and attorneys), and may only exacerbate the problem.

Learn to deal with your brother and work with your parents. This all sounds as if you are simply looking for some way to gain leverage over your brother and I have a sneaking suspicion that it will backfire on you.

 

[OHRoadwarrior]

They may simply charge both of you.