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Assault Between Parent and Child, Both Charged

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  • 05-10-2012, 12:55 PM
    subilial
    Assault Between Parent and Child, Both Charged
    My question involves child abuse or neglect in the State of: Texas.
    I am sixteen years old.

    what happened: about two weeks ago, my dad and i had a pretty violent fight at his restraunt. he grabbed a pot out of my hand while i was using it, but when i let go he obviously didnt have a good hold on it, because it hit the floor, and he shoved me. so i stepped back and he pushed me again, and at that point i saw red, and hit him in the head with the pot when he pinned me against the wall. he choked me, and busted my bottom lip [im not sure if he hit me with a closed fist or if it was an accident] and i scratched his face.

    there were two paramedics having dinner inside, and one of them ran to the back when she heard the noise [probably my mom yelling at us to stop] and saw me pinned against the wall with blood pouring out of my mouth. so i ran across the road to alsups, called my grandpa and waited.

    the paramedics in the diner called the police and brought their ambulance to alsups, and i told them what had happened.

    here ill add in the fact that my dad has lived in this small town since he was born and went to school with the authorities i spoke to.

    at first, the policeman told me that he would go to jail for class A assault, but when i spoke to him again he ended up giving us both a ticket for 'physical contact assault' and we have a pre docket trial june seventh.

    he told the cops that for absolutely no reason at all, i flew at him and that he was only trying to restrain me. i dont understand that, as he is twice my age and size, and i would never harm my mother.

    we went to the city hall to arrange our court date, and he specifically told me what i am to say to the judge [to request an afadavit of non prosecution]. it wasnt a threat or anything, but he gave me no options.

    my grandparents [his parents] have offered to take custody of me if it comes down to it [they havent told my parents this yet]. with what i have, would it be easy or possible to change gaurdianship to my grandparents?

    if being treated like brainless property is abuse, this fits the category.

    -edit- also [if this is relevant]
    the money i have saved working for them in the past two years is being put into a bank, and they refuse to tell me where it is. i dont even know my own social security number, they wont tell me.

    (the edit button wouldnt work for some reason, my apologies)
  • 05-10-2012, 04:22 PM
    jk
    Re: Assault Between Parent and Child, Both Charged
    Quote:

    what happened: about two weeks ago, my dad and i had a pretty violent fight at his restraunt. he grabbed a pot out of my hand while i was using it, but when i let go he obviously didnt have a good hold on it, because it hit the floor, and he shoved me. so i stepped back and he pushed me again, and at that point i saw red, and hit him in the head with the pot when he pinned me against the wall. he choked me, and busted my bottom lip [im not sure if he hit me with a closed fist or if it was an accident] and i scratched his face.
    so, at what point did you pick up the pot that fell onto the floor? It seems a bit odd that you explain the pot hit the floor, he shoved you, he pushed you again after you stepped back and then you hit him in the head with the pot that you had dropped just moments before with no apparent time to pick it up again.

    Your grandparents are not going to be able to allow you to live with them unless your parents allow it. Unless your parents are proven unfit, your grandparents will not be given guardianship over you.

    The money you earn as a minor is not yours unless your parents want you to have it. I know, doesn't see, right but that;s the way it is.

    Quote:

    § 3.103. MANAGING EARNINGS OF MINOR. Except as provided by Section 264.0111, during the marriage of the parents of an unemancipated minor for whom a managing conservator has not been appointed, the earnings of the minor are subject to the joint management, control, and disposition of the parents of the minor, unless otherwise provided by agreement of the parents or by judicial order.Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 964, § 1, eff. Sept. 1, 2001.
  • 05-10-2012, 06:30 PM
    subilial
    Re: Assault Between Parent and Child, Both Charged
    i had one in each hand, one was plastic, the other metal. i dropped the plastic one on the floor when he pushed me. sorry i mean to be specific.

    so there is nothing i can do unless my parents sign off for it?

    thank you for your reply.
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