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CA limitations on assult?

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Toobusy

Junior Member
In Nov 1994 while visiting my parents, my 6 year old (now 12)son was grabbed by the shirt and lifted off the ground and threatened with:
"If you were my kid I would smack you so hard you would"nt know what hit you" By my sister's husband. My son was putting up a safety gate to keep his 2 year old cousin from coming into the room he was in with my mother because he was playing with small part toys. The gate didn't get latched and when the 2 yo climed on it, my son was trying to hold it but he couldn't and it fell over on the 2 year old. This prompted the action of my sister's husband. My mother yelled at him to let him go and my son ran off into a room staying there crying the rest of the day. He has been afraid of him since. My father then pushed him (the husband) for which the husband then filed charges which he later dropped. Imagine, he can file charges on my father but he was the one that grabbed my son.

Now my sister/husband are splitting up. He left and moved in with a neighbor lady and is now trying to punish her by trying to get full custody of their son (he wants to punish her because he moved out to live with his girlfriend--makes no sense to me) His girlfriend is now involved and is causing problems as well.

I wanted to help my sister by showing the courts that he is not the most suited parent as he abused my son. He claims there is no way he could be holding his 2 year old and grab my son at the same time. My mother looked up just in time to see my son on his tip toes with this man bent over my son face to face teehth clenched and yelling the threat at him above. Well, anyone with kids knows you can carry a bag of grocerys and a child at the same time and you can carry a child and hold the hand of another child as well. He has dared me to do something about it.

Has too much time passed? What do I do first? Will this cost me big money? What charges would this be: Aggrevated Assult, battery, child abuse? I have no idea where to even start or what court to contact. I will not be threatened by him so I have to at least make the attempt at finding out and call his bluff.

This occured in Los Angeles, CA. I am living north of there and he is living in Pennsylvania now. He is verbally abusive and loves to try to outwit people. I am sure he is sitting there as I type this with a smirk on his face knowing there isn't anything I can do about it.

Is there any other recourse besides court?
I was not there when this happend but I am the parent of the minor involved. To this day my son is afraid of him but we no longer have to see him.


Thank you,
Lynn
 



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