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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-02-2008, 12:47 PM
jcw888 jcw888 is offline
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Default Grown Man Stuck Living at Home Bracing for Physical Attack by Father
My question involves criminal law for the state of: Florida

yeah, I'm not proud of it, but somehow that's where my life has landed me right now... 30 years old and living with my parents while I finish grad school, and until I have saved enough for a security deposit on an apartment, I'm stuck for the time being.

here's the thing; they actually were totally cool at first, left me alone as long as I kept to my studies... long story short, recently for some reason they just FLIPPED.

which leads to my question: what does a (not shrimpy but not exactly buff) 30 year old man do when his father-- a 57 year old narcissist with the temper of a 2 year old who unfortunately is still healthy and built like a brick sh!thouse-- begins to increasingly imply, in no uncertain terms through words, gestures, facial expressions, etc., that he is not going to rule out physical violence as a means of venting his frustration if he is not satisfied with how his son responds to his increasing unnecessary, rude comments?

First off, what is it? Assault/battery? Domestic abuse? Bit of a blurry line there?

More relevant to my situation: when does it become a crime I could report? Does it have to escalate to really serious violence before I can do anything? What if I end up hurting HIM, in self defense? (for argument's sake, let's say I get him BAD... REALLY don't want to go to jail on his account)

Overall, I just want to know what my rights are. I wish there were something simple, cut-and-dried that I could simply threaten him with the moment he starts at me physically.

by the way--he's a lawyer, and if he were the one being accused, I am pretty sure he would not be above lying and manipulating, using all his knowledge/experience and every trick he knows to turn the tide in his favor. How might I anticipate someone like him trying to "hoodwink" the system like that, or "work the fine print" so to speak?

thanks to anyone who is kind enough to share what they know free of charge. And be assured that I am presently staving off the problem by remaining physically away from him.
sincere thanks,
JW

Last edited by jcw888; 09-02-2008 at 12:50 PM.
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Old 09-02-2008, 02:54 PM
cdwjava cdwjava is offline
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Default Re: Grown Man Stuck Living at Home Bracing for Physical Attack by Father
Quoting jcw888
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First off, what is it? Assault/battery? Domestic abuse? Bit of a blurry line there?
If he strikes you, it is battery (may be designated as "assault" in FL). If he threatens you, there may be a lesser offense there, but you'll have to check with the police if you really want to go that route.

Quote:
More relevant to my situation: when does it become a crime I could report?
When he attacks you. If he makes a direct threat, it might be criminal under FL law, but keep in mind that you have no right to live at home with your parents. be ready to move out the day after you call the cops on dad.

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What if I end up hurting HIM, in self defense? (for argument's sake, let's say I get him BAD... REALLY don't want to go to jail on his account)
You can still go to jail. Self defense is something you can assert at trial, it does not preclude an arrest after thumping him - especially if you thump dad first.

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by the way--he's a lawyer, and if he were the one being accused, I am pretty sure he would not be above lying and manipulating, using all his knowledge/experience and every trick he knows to turn the tide in his favor.
Ya know ... you just might want to move out of there or get a lease agreement in writing. Unfortunately, they are probably not going to sign a lease with you because that way they can toss you out on your ear when they want to.

I know that *I* would not stay at home under these circumstances. It may be time to put grad school off and find a job and a new place to live for a while.

- Carl
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