Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Two part question: Can an adult file simple assault charges…

Two part question: Can...

Two part question: Can an adult file simple assault charges on behalf of another adult who is of sound mind/body & not disabled? Can an adult file simple assault charges on behalf of a minor who is not the adult filer's child nor under the adult filer's guardianship ?

Lawyer's Assistant: Do they have any upcoming court dates on the assault charges?

No, the adult who filed charges against another adult did on behalf of an adult & a minor

Lawyer's Assistant: In what state did the assault occur?

Ms

Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 4 months ago
I recently found out that simple assault charges were filed against me. The charges were filed maliciously by a family member. The family member filed the simple assault charge on behalf of a minor child & is not the child's parent nor the child's legal guardian. The family member also filed another simple assault charge on behalf of his adult girlfriend who can speak/write for herself but claimed she was a minor as well. This all stems from retaliation due to the filer thinking/believing I stole his sunglasses without any proof. I know the filer attempted to file for the sunglasses & was refused so the next step was to say I assaulted his girlfriend & her son but he listed the girlfriend & son as minors.
Answered in 7 minutes by:
3/15/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
.
Give me just a moment to review what you've written.

Ask Your Own Legal Question

It is perfectly legitimate for Person A to file a police report (not file charges - only the prosecutor files charges) on behalf of Person B and Person C.

Ask Your Own Legal Question
Customer reply replied 4 months ago
If he listed them as minors are the simple assault arrest warrants valid? & If they are invalid can I pursue the adult who filed for filing a false police report & being arrested under these false statements?
Customer reply replied 4 months ago
Right but how can one file a report that's false on the behalf of another adult?

Yes, you certainly can pursue civil charges for defamation if someone slandered you.

Ask Your Own Legal Question
Customer reply replied 4 months ago
It is my understanding that the simple assault charges is an unforunate automatic arrest warrant once a police report is filed

There are no "automatic" charges... a prosecutor has to say that charges are warranted.

Ask Your Own Legal Question

Anyone can file a police report for anything - but it doesn't mean it will lead to charges. Remember, someone can't "file charges" - only the prosecutor files charges. Someone can make a police report and that may lead to investigation, but only if the prosecutor's office deems it warranted will someone be charged. Does that make sense?

Ask Your Own Legal Question
Customer reply replied 4 months ago
An investigation never took place. Charges were filed without proof which is pretty ridiculous.
Customer reply replied 4 months ago
Basically I'm being told, in Horn Lake, MS that I can go file a report on anyone & they send it to the judge via the prosecutor I suppose & request an arrest warrant.

No - charges would only be filed with proof. No prosecutor wants to lose and filing without proof is a sure way to lose.

Ask Your Own Legal Question

And if charges were filed you will have an opportunity to defend against those charges.

Ask Your Own Legal Question
Customer reply replied 4 months ago
It's silly, I will beat it but now I need to know how can it even be done if the person who filed the police report did it on behalf of persons of no relation to him. So, this is simply a judgment error on the police department & other parties involved. The poIice station said I can file a report against my nephew as an example if he directly assaulted me but if I witnessed him assaulting someone else the assaulted person has to make the report unless the person was a minor & even then it has to be the minor's parent or guardian. Is this true so I can fully understand you & I are on the same page.

Here's the best way I can explain this to you... imagine you have a homeless man being beat up on the street and several bystanders witness it and go to the police and file a police report. The homeless man didn't come in - but the report can still be filed and the police WILL still investigate b/c their job is to investigate things like that. Not everyone reports a crime. But that doesn't mean a crime wasn't committed. Imagine if they didn't investigate and something bad/worse happened... I'm sure you don't have to look much further than the news to see instances where bad things may have happened if an investigation wasn't done (and even if it was). I hope that at least clarifies things... so yes, it's a giant pain to have to fight something you know not to be true - but just realize you do have some options on the tail end once you're found innocent. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Ask Your Own Legal Question
Customer reply replied 4 months ago
That makes better sense.
There wasn't an investigation so why it went straight to simple assault charges without proof (no medical, no black eyes, bruises or otherwise) seems pretty unjust. Last question, I promise, so once it's tossed how do I get the arrest record expunged & I'll also need to file slander charges against the filer.

Okay, so once the charges are dismissing and/or you're found not guilty you'd go to the court clerk and ask for paperwork regarding expungement. And as far as slander... that would be a civil suit that you could file at any time (though people frequently wait to be found not guilty since it gives them more evidence to use). But you don't have to wait on that. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Great thanks

Thanks so much for your rating!
If I can ever be of assistance in the future, you can reach me directly by clicking HERE
or asking for me directly by putting THIS QUESTION IS FOR OLIVIA before typing your question.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
4,072 Satisfied Customers
Experience: Partner at Kent Law Group, LLC

Olivia Kent is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I just moved to Ms. 3 months ago From Ca. I have been
I just moved to Ms. 3 months ago From Ca. I have been raising my grand daughter who is disabled from birth I never filed for gaurdianship, Ca. didnt require it for school enrollment.Ms school board wo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,262 satisfied customers
I have two grandchildren, who were moved to Oklahoma 6
I have two grandchildren, who were moved to Oklahoma 6 months ago with their father. My grandchildren are 13 and 15 years old, and lost their mother almost three years ago. They have large families on… read more
Michael Bradley
Michael Bradley
JD
1,498 satisfied customers
What do we need to do if an adult child is suddenly
Hi Pearl..What do we need to do if an adult child is suddenly incapacitated without any power of attorney and there is no money. The state is Florida. The 47 year old had a massive stroke and will nee… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Can I bring a civil law suit to a guardian of an adult with
Can I bring a civil law suit to a guardian of an adult with special needs, that knew his kid was unbalanced with his medication that night. He is a registered nurse. I am still in court with the syste… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
A family member is in a coma. He didnt appoint anyone power
A family member is in a coma. He didn't appoint anyone power of attorney. Since he isn't married and his son is a minor, his father has been making the decision for him. however, he doesn't live in th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,053 satisfied customers
If a minor is at their place of work and pushed to the ground
If a minor is at their place of work and pushed to the ground by another employee, then gets up and pushes back, where do they stand. Both employees have been fired, the company stating that the minor… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
my ex wife has guardianship of our 21 year old handicapped
my ex wife has guardianship of our 21 year old handicapped son , whom she has had declared incompedent , and now she is denying me any contact with him , he has been removed from her custody by case m… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
This is a legal question. My ex-husband and I are the legal
This is a legal question. My ex-husband and I are the legal guardians of our adult mildly mentally retarded son. His behavior makes him impossible to live with. Can we kick him out, or will we be char… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
this is for the stat of Montana, I need to know how a court
this is for the stat of Montana, I need to know how a court can grant temporary guardianship to a sister over a brother when the brother had not been deamed imcompitent and no other family members wer… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My question comes from Ohio. My son is 17.9 years of age.
My question comes from Ohio. My son is 17.9 years of age. He is on my car insurance policy. If he would cause harm to another person while driving his truck, who would be responsible for any damages o… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
adult drove her daugher and 3 other children around til the
adult drove her daugher and 3 other children around til the found my daughter. 2 of the children got out of the car and jumped on my child while the adult and other child watched. is there any thing I… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
What legaland financial. obligations do we incur by becoming
What legaland financial. obligations do we incur by becoming a guardian over an adult in the state of South Carolina, and if we wish to have it removed what must we do?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
1. Can my 16 year old sons girlfriend who is also 16 move
1. Can my 16 year old son's girlfriend who is also 16 move in with us after she has the baby? 2. Can the mother of the 16 year old pregnant girlfriend stop my 16 year old son ( the father) from being … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
What does mn law state when a adult send his 11 maybe twelve
What does mn law state when a adult send his 11 maybe twelve year old to beat up my 2 younger children ages 4 and 7yrs. iv e called the police can charges be filed and if not where do I turn next.… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I do home health care for a man 68 yrs old. He has a power
I do home health care for a man 68 yrs old. He has a power of attorney for his health care. The patients doctor has ordered a psych evaluation for him. but my patient does not want to get out of his b… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My son was charged with assault and issued a court summons
My son was charged with assault and issued a court summons I am currently in TN awaiting my husband's return from Iraq. This happened in OK and my mother (who is not my son's legal guardian) signed th… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
code of virginia 18.2-57.2...17 year old step son moved toward
code of virginia 18.2-57.2...17 year old step son moved toward me in an aggressive fashion, I pushed him away from me, he retaliates and punches me. I let the situation deescalate, however I get charg… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,053 satisfied customers
Is my nephews girlfriend legal to move out at 17 1/2 yoa to ...
Is my nephews girlfriend legal to move out at 17 1/2 yoa to another state? Her parents agree for her to live with her boyfriend for a month at a time than to come home to leave again. She is currently… read more
Matt Kesler
Matt Kesler
Business Owner/Law Student
Doctoral Degree
1,646 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x