When is it assault?

[Tails_Night]

OKay well I was just slapt by my stepmom after she started yelling at me for being an evil little shit, and many many things, after I got out of a bath, without any previous cvonflicts, and I'm wondering, since about three minuts ago she slapt me across my head above the ear is that assault or should I just let it fly, since she's attacking me and I'm trying to ignore her, and then she keeps pushing to call the cops, after she' slapt me and repeatedly calls me crazy I don't know what to do.

 

[Tails_Night]

she's also obviously drunk, and I'm concerned with the way she's acting

 

[Kazuma]

Why are you asking a message board something so personal and serious? :/.

Any who I'd just keep away from her till she changes her act.

 

[quiteMAD]

Legally, I believe (didn't do my research this is off the top of my head), it's assault when you have reason to believe she's going to kill you, and you're fearful for your life. If she hits you, that's battery. And since she's attacked you already, and she provoked you to begin with, you're free to defend yourself.

But again, I'm no lawyer. This is just what I've been told.

 

[impart]

when is it assault?


awwww I wish never

back in the day you could get in a fight at school and you didn't have to worry about charges, or the cops and all that bull siht
what ever happened to 'boys will be boys'
sometimes you just gotta hit a bitch

well, assault can pretty much be declared if you
inflict intentional pain on another, I think they can pretty much arrest your ass

even if you fight back, you can still get in trouble "self defense" means nothing to cops these days


so be careful not to hit her first

 

[Oberon]

It should be fairly obvious when it's assault. Especially if she's under an influence of drugs/alcohol. Any contact at all that seems to you, overly forced, especially when they've been drinking, can be considered assault.

 

[Wintertide]

Well she is drunk. Just stay away from her until like the next day. If later on as in the drinking gets worse and really starts hurting you then that is when you should leave to a safe place for a bit like a close friend or family member and report her.Yeah, she is your step mom but if you want to do something about it you got to say something.

Or you know tell like your step dad or dad.

 

[LongLiveLife]

Or you know tell like your step dad or dad.

First port of call for the long term, in my opinion; unless your stepdad or dad is also a violent alcoholic.

During one of her episodes, hide in a room, and wait for her to cool off; better yet, leave the house.

 

[SwordsmenXIII]

Well that's assault and if you live under the same roof it Domestic Violence so as long as she hit you first you can punch her in her face and call the cops, i would know my sister's a cop.

 

[Tails_Night]

Why are you asking a message board something so personal and serious? :/.

Any who I'd just keep away from her till she changes her act.

Because I'm wondering if I'm as INsane as she makes me feel. From being smacked and then told right afterwards everyone thinks I'm crazy, I'm insane, and I'm gonna burn in hell, to the other times she's done that and said I made it up right afterwards.

 

[Lord of Chaos]

First off, I'd have to ask the question of "what did you do?"

Rarely is something ever unprovoked, even the cases of alcohol. It might not be something major, and I'm not saying you did anything particularly wrong, but still... However, for the sake of this, I'll assume you did nothing because you have no real reason to hide anything from us.

Anyway, here's a good way to remember Assault & Battery:

Assault is the danger involved, and Battery is the actual act. For instance, if I threaten you, that I'm going to, say, kick you in the face, that's assault. Now, if I actually do kick you in the face, that's battery. For the definitions:

Assault

An assault involves:

1. An intentional, unlawful threat or "offer" to cause bodily injury to another by force;
2. Under circumstances which create in the other person a well-founded fear of imminent peril;
3. Where there exists the apparent present ability to carry out the act if not prevented.

Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if the defendant had no actual ability to carry out the apparent threat. For example, a defendant who points a realistic toy gun at the plaintiff may be liable for assault, even though the defendant was fifty feet away from the plaintiff and had no actual ability to inflict harm from that distance.


Battery

A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Please note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. A defendant who emphatically pokes the plaintiff in the chest with his index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery.





Hope that helps.

 

[Tails_Night]

Well what I did starts yesterday, when I ran a bath and let it cool down for about an hour while doing some other important work for arranging my move, I get out and I find out after she said she didn't want to take a bath just yet, that she in fact did, and the hour I took was apparently long enough to upset her, when I come out of the bath and she starts yelling at me about not letting her know how long I was going to take and I said if you want the bath you could have told me. Then today I started dancing in the passenger seat of the truck during a song, completely unaware of what was going on and next thing I know I her *ahem* and see an angry scornful look, and she yells at me for intentionally rocking the vehicle while she was trying to take a picture with my phone, and when I tried to explain I was dancing to the hiphop on the radio I was told I was doing it to intentionally mess up her picture and make her mad.

But it's stuff like that that ahppens all the time with her, like japanese music calms me down, so I'll go in my room and play some then come out and get yelled at for intentionally playing somethign that annoys her. Like literally she believes I'm the antichrist and everything I do is to make her miserable, that I use people, that I lie, cheat, steal, mooch and intentionally try to make her mad every day. which is why I'm moving in the first place because she gets like this then starts talking about things I did back when I was 8 through 12 years old.

 

[AxelYoYo]

If she's drunk, then the easiest way is to stay away. Lock yourself out of the house and let her go on a rampage inside. At least you won't get hurt and if she comes out to hit you, you should know that maybe she... well, is trying to hit you.
I dunno, I suck at advice.

 

[Gram]

i....i dont know really waht to say :/ cept i'd call the law or hit the bitch.

 

[AxelYoYo]

It's his mom though...
If he hits her, she'd just get more pissed off.

 

[LongLiveLife]

It's his mom though...
If he hits her, she'd just get more pissed off.

Stepmom. But, yes, it is foolish to hit her back, or even at all, because of the absence of witnesses to support your claim that it was in self-defense. Just hide, call the cops, or move out; though I'm inclined to recommend the last, seeing as you're twenty now.

 

[Johnny Stooge]

KHI gives such wonderful advice... Seriously, do some of you even think?

If your mother is a drunk and is abusive and is acting out and frequently causing you physically and emotional harm, you DO NOT run and hide. That solves absolutely nothing. You call the Police, you call Social Services/Child Services and I would recommend you call a family member who you feel close and is a legal adult.

I know the consequences of doing this can cause a lot more hurt before any good can come, but by doing nothing you become somewhat responsible for allowing the abuse to perpetuate.

 

[Gram]

It's his mom though...
If he hits her, she'd just get more pissed off.

bitch needs it but you have a point she'd probably call the law on him instead.

so i guess the best thing to do is call someone law or family he trusts.