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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 26794
Experience:  18 years of litigation experience.
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I am a Correctional Officer employed with the

Customer Question

Hello my name is Lakeisha ********** & I am a Correctional Officer employed with the ****************. I have a troubled 14 yr. old daughter who pulled a butcher's knife on me after taking her cell phone for being suspended from school. I went to the police, they took the butcher's knife but said there was nothing they could do & sent her back home with me. After she heard the police say this the next day she blocked me into a corner & punched a me in the eye repeatedly having to defend myself against a child who is 5'6 (my height) & weighs 180 which is bigger than me(my weight 165). My eye was swollen but I have a right to defend myself so I did but in the altercation she was scratched a little, her skin was broken but she was never taken to a hosp. by dhr, she wasn't crying or bleeding when the police arrived she continued to try & fight me. In the police reports I am noted as the victim but dhr took the case & charged me with child abuse. The police charged my daughter with menacing & 3rd degree domestic violence but dhr had them drop her charges. I have a right to defend myself but why am I in domestic violence classes when she's known to be troubled and was the aggressor . Why can I not defend myself against a minor when my life was threatening & was in fear of bodily harm? Why am I being charged with child abuse.
Submitted: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey, JD replied 1 year ago.

I am sorry to hear of this. I cannot say why CPS insisted that the state drop criminal charges against your daughter, because I do not know what the results of their investigation showed.

What I CAN tell you, however, is that you certainly may act in self-defense against a minor if you have a reasonable belief that you are in imminent danger of death or serious bodily injury. The fact that the minor is much younger than you are and your child, at that, does not make a difference.

That said, self-defense is an affirmative defense. That means that it is a defense that must be asserted at trial. If believed by a jury, self-defense is a complete defense and it can get you acquitted of the charges. However, self-defense must be proved and so it would not prevent an arrest.

Here, you're not denying that there was contact. So you can be arrested for that. Whether it is justified under your state law is a question of fact that will be decided after the close of all the evidence after the case goes forward.

Get yourself a lawyer and show him all you've shown me. It sounds as if you have a strong self-defense case.

Expert:  Zoey, JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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