Family Member Attacked Me and Left Marks

**laly26** · 10-11-2010, 09:03 PM

Hi ok so my sister just attacked me hit me and everything and left me a mark on my arm and my head she is a 32 year old women that weighs 260 pounds and I'm a 19 year old that weighs 200 pounds. Her husand told her to attack me and she started the figh and I responded her. I want to call the police but I want to know what would happen will me and her go to jail? Will she be charged with a misdameanor? She has a record of domestic violence because she beat her husband once and she attacked me infront of her 4 kids the oldes it 12 and youngest is 3 months.
Thank you

**cdwjava** · 10-11-2010, 09:48 PM

Quoting laly26

Hi ok so my sister just attacked me hit me and everything and left me a mark on my arm and my head she is a 32 year old women that weighs 260 pounds and I'm a 19 year old that weighs 200 pounds.

It is important for you to put what state you are in as battery laws vary by state. In some states, two siblings living in the same residence can and often are charged with domestic violence. In other states - such as mine - this is not typically the case, and a sibling fight woul be a simple misdemeanor battery.

Her husand told her to attack me and she started the figh and I responded her. I want to call the police but I want to know what would happen will me and her go to jail? Will she be charged with a misdameanor?

If she is charged with a crime, it will probably be a misdemeanor unless you suffered some grievous injury.

She has a record of domestic violence because she beat her husband once and she attacked me infront of her 4 kids the oldes it 12 and youngest is 3 months.

Sounds like she has an anger problem. It also sounds like it is time for you to find your own place.

**laly26** · 10-12-2010, 11:40 AM

Ok so 2 days ago my sister attacked me and physically hurt me and left me a bruise on my arm. She is a 33 year old women that weighs 260 and I'm a 19 year old women weighing about 190. She hit me first and I responded in self defense.her husband told here to hit me and she did just because he hates me and I don't talk to him. Also she attacked me infront of her 4 children a 12 year old a 9 year old, a 7 year old and a 3 month old. I want to know what is going to happen if I call the police? What chrges are there only battery? Thank you

**flyingron** · 10-12-2010, 11:46 AM

What state are we talking about?

Your ages are immaterial.
The presence of the children seem to be immaterial.

What is going to happen? Who knows. Most likely the police will investigate if a crime has occurred and if so arrest the perpetrator.

**laly26** · 10-12-2010, 01:56 PM

I live in the state of california and she came to my mother and I own house and she came to spend a couple of days since her landlord kicked her out

**flyingron** · 10-12-2010, 02:05 PM

243 PC has enhanced penalties for battery when it takes place in a domestic situation such as yours.

**cdwjava** · 10-12-2010, 02:15 PM

However, as this is not a spousal/dating relationship as defined in PC 13700, it would likely be charged as a different misdemeanor pursuant to PC 242. It would likely be a case of simple battery.

The "cohabitation" language you keyed on in 243(e) concerns "two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship." It is a common misunderstanding.