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    Speak Up! - View Question #609


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    Question: Can you hit back an abusive parent?

    Answer: One has the right to defend oneself (See A.R.S. § 13-404.) or an innocent third party (See A.R.S. § 13-406.) from an assault but does not have the right to strike someone to 'get even' or get revenge. (See definition of assault at 13-1203) Only reasonable force may be used to defend oneself or another. A parent, however, has a lot of disciplinary control over a child. Whether something constitutes abuse or assault, or whether it is allowable parental discipline, depends on the circumstances. If a parent is imposing lawful discipline, and the child hits the parent, the child may be prosecuted for an assault.

     

    Responding with violence is generally not a good solution to the problem of abuse. That usually results in the level of violence increasing over time. There are alternative ways to get help, including making a referral to Child Protective Services or by calling the local police to file a complaint about the abuse. One can also inform another trusted adult, like a teacher, and ask for help. You can call 911 to contact the police in an emergency. You can reach Child Protective Services at (888) 767-2445, or (888) SOS-CHILD.

    As a practical matter, when the police are confronted with 2 people who are fighting and who live in the same home, the police will arrest one of them to be sure the situation has a chance to calm down. Where there is an adult and his / her child, the police may remove the child rather than the adult, because the officer may believe the adult was exercising appropriate discipline over the child. Additionally, if the adult is arrested, the police would have to place the child into a temporary foster home while the adult is in custody. Therefore, the child frequently is the one who gets arrested, to avoid the need to place both the child and the parent in custody.


    Comments
    1 thru 5 of 22 comments    [ 1 ]  2   3   4   5    
    On 03/15/08
    from IL said:
    My parents are really abusive towards me and my sisters. They hit us for no reason, and we all witness it. We don't have anyone to tell because we don't want our friends to be scared to come to our house. I have scars and scratches to prove everything that my parents have done to me. Because my mom threw me on the hardwood floor, I hurt my knee, and might not be able to play lacrosse for the rest of the season. I don't know what to tell my coaches! Me and my sisters are living in a hell hole!
    On 05/30/04
    Becky from Othe said:
    I think you should get really good help for this situation as i have also been through it, but with my mother's boyfriend. i went with a freind to a family councellor & they helped us out really well. Child abuse should not happen, if your parent/s are angery at you, then they should just culm down & talk it out with you first, if not that way, then go talk to a close frind or reletive & see if they can help you & your family sought things out!
    On 05/26/04
    Michael from OR said:
    What should i do if my dad wants to kick me out of the house and he constantly wants to fight me when i seem to be talking back. Can i hit him back if he hits me or is it considered assault or is it considered self defence if i don't want to fight with him. This is not considered a way to dicipline your child is it? he told me if i cuss at him then i will have to fight with him phisically.
    On 05/10/04
    sasha meeks from AR said:
    Kay, I have a cousin who is 21 yrs old and she is done the same way the only thing is she lets it happen b/c at the age of 18 you are able to make ur own choices by law so he is only letting his dad do what he will allow him so all u can do is support him and talk to him about it unless he wants help it isn't going to change a thing iam sorry i have no real information for u but its truly up to ur boyfriend
    On 05/10/04
    sasha meeks from AR said:
    Hanna my best advice for u is to tell someone what ur friend is being put through i mean i know ur friend may not want u to but if ur friend is cutting her wrist then u have to be that friend and get her help if u really care its going to be hard but u can do it sasha
    1 thru 5 of 22 comments    [ 1 ]  2   3   4   5    



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