If a Minor is Abused Can He Get Emancipated

My question involves juvenile law in the State of: Ohio

If a legal guardian goes to hit a minor and a minor blocks in defense by sticking/raising a leg or an arm out, and the body part of the minor touches the legal guardian, in which the legal guardian perceives the action as a minor kicking the legal guardian, is it considered minor to adult abuse or insubordination?

What are the laws and limits of what's considered abuse (physical and emotional)?
Is it possible for a minor to win in juvenile court in the above situation?
Do the rights of the Constitution apply to a minor? Does it go against the Constitution if not? Why/why not?
Does not allowing emancipation technically go against the Constitution and it's amendments? Why/Why not?

"I'm 17. I live with my Mom and Dad, although the situation recently occurred with my Mother. She was attempting to strike my face. I do understand that her actions are perceived as reasonable discipline in just about any court, but I'm concerned with my actions since I'm being threatened with obedience or my mother's calling the cops on me."

Are we doing your homework?

It sounds like the minor is having delusions of grandeur. You aren't going to win by being defiant. If you want advice, tell us the entire story about what is going on.

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Quoting Dogmatique

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Are we doing your homework?

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Surprisingly, no. These are questions I developed on my own.

So, what happened?

How old are you? Is this guardian court appointed, or a mom or dad?

What was the guardian trying to strike? Your buttocks? Face? Torso? What?

FYI, in Ohio there are exactly two ways by which a minor can be emancipated.

1.) By legal marriage
2.) By enlistment in the active armed forces.

Parental permission is required for both.

If the marriage ends/minor leaves the armed forces while still a minor, the emancipation is IMMEDIATELY rescinded and care, custody and control is returned to the parent/legal guardian.

There are NO exceptions to the above. Ever. No matter what.

Abuse is NOT grounds for emancipation in ANY state.

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So, what happened?

How old are you? Is this guardian court appointed, or a mom or dad?

What was the guardian trying to strike? Your buttocks? Face? Torso? What?

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The situation above is exactly what happened.

I'm 17. I live with my Mom and Dad, although the situation recently occurred with my Mother. She was attempting to strike my face. I do understand that her actions are perceived as reasonable discipline in just about any court, but I'm concerned with my actions since I'm being threatened with obedience or my mother's calling the cops on me.

Here is an explanation from the Ohio Bar. The threshold for mom to have the police do anything is high in Ohio as long as you have not physically assaulted someone or committed another crime. How far are you from 18? Do you have a job?

https://www.ohiobar.org/ForPublic/Re...anUse-255.aspx

When you are 18 you can leave. Until then, follow the rules and do not sass or disrespect your parents. If you get out of control, they can call the cops. If they strike you, you can also call the cops ... though you should not expect much help from them unless you were minding your P's and Q's sitting silently at the table reading the New Testament or reviewing Life Science for school and then a drunk or doped up parent smacked you around for no real reason.

As was mentioned, emancipation is not an option for abuse. If you are being physically abused you call the police or CPS. If they find your claims credible they might take you into protective custody and place you in a foster home for the short term, and possibly examine longer term placement if need be. In foster care the rules would likely be much stricter than they might be at home. So, keep all of that in mind.

On your 18th birthday, you can give mom and dad the bird and walk out the front door with the clothes on your back and whatever they allow you to take with you. Until then, you have to abide by their rules and tough it out.

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If they strike you, you can also call the cops ... though you should not expect much help from them unless you were minding your P's and Q's sitting silently at the table reading the New Testament or reviewing Life Science for school and then a drunk or doped up parent smacked you around for no real reason.

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...and even then, don't expect much. Ohio isn't so great about getting kids out of abusive situations until it's nearly too late - though in fairness to the Ohio authorities, it's largely because CPS is obliged to investigate every complaint, no matter how frivolous, and as a result are severely overburdened.

Kiddo, unless your Mama is whupping your ass with a chain on the regular or otherwise ACTUALLY abusing you, shut your mouth, do as you're told, and move out when you're 18. You don't have a Constitutional right to disobey your parents. Until you're 18, you're their PROPERTY.