battery on a minor

[mokat]

What is the name of your state? kansas
Hi. I am new here, and I need help. My minor child went with 3 of his friends to a party,and were told to leave, and when they asked why, he was assulted by a man that is 44. My child is 17. The police were called and when the minor children told the police that they wanted to file a complaint against the people that assaulted them, they were told to leave because they were too young. They left and went and got their fathers. When the men went to the place where the party was, and asked what had happened to these kids, they were assaulted also.
My questions are. should I get a lawyer, is this considered aggravated assault, and what can be done about the police? They mishandled the whole situation.
I would go for "hate crime", because the reason this happened was because the 2 black kids that were assaulted were with 2 white girls.
Since this, my son can no longer eat without a lot of pain. An injury to his head.
please help.. desperate in Kansas

[-- Cali--G--]

Originally posted by mokat
What is the name of your state? kansas
Hi. I am new here, and I need help. My minor child went with 3 of his friends to a party,and were told to leave, and when they asked why, he was assulted by a man that is 44. My child is 17. The police were called and when the minor children told the police that they wanted to file a complaint against the people that assaulted them, they were told to leave because they were too young. They left and went and got their fathers. When the men went to the place where the party was, and asked what had happened to these kids, they were assaulted also.
My questions are. should I get a lawyer, is this considered aggravated assault, and what can be done about the police? They mishandled the whole situation.
I would go for "hate crime", because the reason this happened was because the 2 black kids that were assaulted were with 2 white girls.
Since this, my son can no longer eat without a lot of pain. An injury to his head.
please help.. desperate in Kansas

Have the men go down to the station and file a report.

[hexeliebe]

I would go for "hate crime", because the reason this happened was because the 2 black kids that were assaulted were with 2 white girls.

If that is your only basis for a 'hate crime' complaint you would lose.

My minor child went with 3 of his friends to a party,and were told to leave, and when they asked why, he was assulted by a man that is 44.

Was the man the owner of the house? Was he the renter, the leassor or otherwise in control of the house?

And how, exactly was your son assaulted? From your post you don't explain anything about the actual occurance. And by the way, Assault is the threatening to do bodily harm. BATTERY is the actualy touching.

My questions are. should I get a lawyer, is this considered aggravated assault, and what can be done about the police?

How do you expect an answer to that question if we don't even know if an actual assault and/or battery took place? Again, answer the questions put to you.

They mishandled the whole situation.

Again, based solely on what you have posted there is no evidence that the Police did anything illegal nor improper.

Since this, my son can no longer eat without a lot of pain. An injury to his head.

And what does this have to do with your post?

[mokat]

Ok. so I wasn't clear. I apologize. First of all I said I WOULD go for "hate crime", but really there is no proof of that other than the fact than they called them ******s sometime around the "battery". whether that was before or after the "battery" I do not know. I also apologize for not not getting the battery assault thing quite right. It was indeed battery. He was choked and scratched on the neck, and somehow got a big bump in his head during that time. It could have been the floor, a fist. does that really matter.
The reason I said that about the police, is because if they would have handled the first situation correctly, all that happened after that would not have happened..But that really wasn't my question.
I don't know if I may be a little touchy lately. But I don't see how rudeness (excuse me if I called that one wrong) can help someone in need of answers. Is it that you think I need tough love?.
You asked what does the eating problem have to do with any of this. I think I asked that around the time I asked about the lawyer.
Why would one need a lawyer in a case like this? still desperate and now put out in Kansas!
The place where the party was a public building, but a private party.

[hexeliebe]

But I don't see how rudeness (excuse me if I called that one wrong) can help someone in need of answers. Is it that you think I need tough love?.

Listen, I don't care if you think my answer to you was rude or not. There is nothing in my response that a reasonable person would consider rude. Based on what you posted originally, there is no way for any responsible person to form an opinion on the facts.

And that's not rude. That's honest. Of course, if you wanted a particular response you should have said so. There are any number of people here who would tell youto spend thousands of dollars, file a lawsuit against everyone you can name then in 5 to 10 years find out that you have no case at all.

Now, as to your specifics.

The place where the party was a public building, but a private party.

My minor child went with 3 of his friends to a party,and were told to leave

These two statements from your two posts below tell me that there is way more to the story than what you have been told or what you are telling here.

The simple fact is, although this party was in a public building, it was a private party and because the 'minors' were told to leave and did not, they were guilty of trespass.

He was choked and scratched on the neck, and somehow got a big bump in his head during that time

By whom and how many witnesses? What precipitated the event?

Again, I doubt seriously that you are getting the 'whole' story. If, in fact, the police were called and nothing was done, then either the police, after investigating on the scene, did not feel there was sufficient evidence to support an arrest, decided, based on the facts, that both parties were equally liable and decided to let each party get on with their evening without charges, or they performed a gross misjustice.

Two of the three I can support. If it is the third the burden to prove your case rests with you. And again, from what you have stated here, there is just not enough 'evidence' to support this theory.

Why would one need a lawyer in a case like this?

Because the police, after on-site investigation, did not charge anyone with a crime. So, the only recourse you MAY have is to file a civil suit against the person who allegedly committed the 'battery'.

Whether or not you feel it is rude of me to point these things out, you have presented nothing here to show a 'hate crime' or even that a crime was committed. If your son was told to leave a private party and did not, he was guilty of trespass. IF a member of the party harmed him in some way with physical violence then he is guilty of battery. However, as I stated again, the burden of proof is on you.

And I still think you are not being told the whole story.

[JETX]

This can all be answered very simply:
1) If you feel a crime occured, contact the police department.
2) Based solely on your post, it is POSSIBLE that the persons who did the assault could be liable for civil damages. To what extent depends largely on the FULL facts and whether he can prove that a person or specific persons were responsible for his injuries.

Questions:
1) Were your son and his friends invited to this 'party'??
2) If not, what EXACTLY did they do when asked to leave and why didn't they leave??

And I agree, you (or we) are not hearing the full story here.

[mokat]

I read somewhere I was to be brief and precise. When the kids were asked to leave, of course they asked why. That could have been enough to agitate an already drunk redneck. You see not everyone is as kind as we are here. I was not there. I don't have all the answers. Maybe they didn't leave the building as fast as the people would have liked. But isn't that what we have police for. Let's say for example, the kids decided they needed to relieve themselves, and did so right in the middle of the floor. Does the law say that it's ok for someone to put their hands on you to harm you, especially an adult to a child?
I can't go to Mcdonalds or anywhere else, and have a party, and decide to attack kids walking through the door, even if I tell them I don't want them there. Or am I mistaken again? Can i do that? Simply because this world is mine.
Ok I'll stop the sarcasm. Let's say the kids did everything wrong, because i know that's what you are waiting to hear. Does that give anyone the right to commit battery? And if it is ok, then please tell me when battery is not ok? thanks for your time.

[djohnson]

I think what they are trying to get through to you is that if they were asked to leave a private party and didn't and started causing a problem (which is obvious because if they had left as asked none of this would have happened) then the other person could easily say it was self defense as they started it. You have one groups word against anothers. As the 'minors' were there univited and unwanted it would place them at fault. I know they may be minors but no 17 year old I know goes around with that written on a shirt. How was that person to know his age, only that he was asked to leave (per your post) and didn't. Why would these 'innocent victims' want to be at this drunken party where they were not wanted anyway? By having minors at a 'drunken party' they could have gotten into legal trouble and have a very good explanation asking them to leave other than discrimation. Your last post with analogies was ridiculous so I won't even bother with it. Someone else will I'm sure have a field day with it.