VERY IMPORTANT

[IncredibleME]

YEsterday my sister (age 19) wanted to use the internet, we all have our own comppputers but neither have internet. Anyway I had just begun to use it and she pushed me out of the way and took the computer. Now she has a 3 month old baby, thats why she lives wit us. And the baby starts crying and I say Uh oh I guess your baby is crying. And then she punches me square in the jaw. It took my dad and my mom to hold me back from not kicking her ass. She has been doing this to me all my life she has hit me in the head with an iron press, lawnchairs, and closed my legs in the car door chipping my shin bone. As I walked off , I yelled "hit me again and ill kill you" Now she is going to press charges on me, my question is what can i sue her for and does anyone know anyway i can get a lawyer, my parents wont help me. This is really serious....Im scared I might go to jail...

:( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :( :(

[hobbes]

ask around at lawyers specializing in family law. ask about pro-bono work. I think you can charge her with assault, malicious intent, abuse, harrassment, probably some others too. She sounds like a sad sick person. i feel very sorry for her child. the child will probably be abused, be a good uncle.

[IncredibleME]

But can i charge her without getting her sent to jail??? And my dad is a top lawyer in town so every lawyer knows of him, representing his son without his consent would give them a BAD reputation,,,....

[morganlh85]

Why NOT get her sent to jail? She obviously has some sort of anger problem and needs help; maybe a night in jail is exactly what she needs for a wake-up call. Not to mention she has a child, and this is not a good environment for it to grow up in; she needs to get help right away. If you press charges, maybe there's some way to force her to see a counselor. Talk to the police about it.

[420]

You need to talk to your parents and have her sent to Counseling with a therapist. I don't know if she's raising the baby because of religious/moral reasons or whether she's just seeking attention by getting pregnant, but she needs professional help to get her act together.

This isn't a good environment for you or your niece/nephew and your parents should understand that. If your sis continues to act violent to you or in front of her child, tell the counselor at your school and they'll contact Child Protective Services.

Oh, i don't know if you can press charges without your parents consent. But if your dad is a high-powered politico or attorney with connections inside the Beltway, the police wouldn't even take you seriously anyway without consulting him first.

[khat]

You might get more help in the Help and Advice forum in regards to how to get this ugly mess sorted out.

(from Vent Zone)

[Chevyguy21]

All I am going to say is if she hurts you in anyway again, call the police and have her sent to jail for abusing you.

[Benvolio]

I know very little about the legal systemn, but all I know is that beating shit out of your little brother is generallt not acceptable :roll: I think you should report her right now, and get her for everything you can. The list above is pretty much enough to get her convicted, I think, especially assault, as that seems to be the main thing here. I would say she may be scared of pregnancy and the hormones may be affecting her cognitive mind, or something, but if she's been beating you all your life, I don't think there's an excuse for that.

If you don't mind sharing it, how old are you, and where are you from? I'm 17 from Wales, so the legal system here will probably be different that in, say, Tennessee. If you are in America, then I can't really help you so much with the legal advice because I don't know what laws and stuff apply to you, but I think assault and abuse constitute as illegal anywhere.

Uh, I believe (or at least you can here) that if you take her to court, charge her with everything you can, and get her convicted, you can still step forward and ask the judge not to send her to prison, you don't want to punish her that much, just to make her stop hurting you. You may ask your lawyer if there was any way to have her sent to a mental rehabilitation centre, or something, as it sounds as thought she has some inner conflicts going on. Is she always this violent towards you? If she is sometimes very nice, but other times very violent, then perhaps it would benefit your case if you went to a doctor and asked him advice. She may have borderline schizophrenia, or something similar, which may explain her sudden changes in temperement.

If not, it wouldn't hurt to seek a lawyer who is sympathetic of your situation. Also, for your sake, I think, try to sit down with your parents and explain everything, try to make them understand that their daughter has been beating you up for years. Reassure them that although you don't want to hurt her, or punish her, you want her to stop, or you may have to leave the house, or something, until she leaves.

And by the way, if it goes to court, I don't think they can charge you for just threatning to kill her. You can defend yourself by just saying that you were going to try anything to keep her away from you, you were just trying to scare her, or put her off, or whatever. I seriously don't think you can be charged for just saying it like that. If you did something, like burn her bed, or something, and she went to the cops and said you had threatened her, then they would be able to charge you, but I think you're safe (ish) for the moment. Just make the first move now, and try to pull the knot back toward your side of the field (referring to tug o' war, I'm not going crazy).

I hope to God this helps, it sounds extremely serious. Please contact me by PM if you want to discuss it further. I would also recomend perhaps searching online or in your local library if you have one, for books on law, etc, to see what rights you may have in this situation.

Best wishes to you.

Dan

[IncredibleME]

I am not going to countersue, I talked to my father last night and he said, because she has just had a baby that the judge would most likely say her behavior is the result of postpartum depression. Also I have no physical proof that she has hurt me, and my parents refuse to testfiy against their daughter. But i will definately talk to someone about it. I talked to my uncle ( who works at my dad's firm) and he said that any lawyer in town would call me crazy. He also told me that this thing runs in the family, My mom's older brother used to beat her too (perhaps that is why she gets so upset when i tell her). I dont know, I do have medical records of injuries though, but I think Ill steer clear of my sister and her baby (which I hate to do, the baby is so funny) we do have a fairly large house.

I have told therapists at school about it, and they have tried to diagnose me with depression. And I looked at my record basically through the technical writing and extranneous phrasing they have basically deemed me a "SPOILED RICH BOY".
I took a tape recorder (a small pocket sized one) and i'm gonna record the mean things my sister says and how rude my therapist talks.
I'll just take it in strides....

Thanx everyone.....

Incredible....(Depressed)...(not spoiled).....Me

[EGun247]

Ok, your sister can't do jack shit.
You were excersising your 1st amendmant rights. That is the right to freedom of speech. It has limits, if you do something that is directly endangering anyone, then that is bad. However, you said, "HIT ME AGAIN and I'll kill you." This implies:
1)She's hit you before
2)If you carry out the threat, you're doing it out of self defense
3)She's such a bitch for hitting you! (don't use that one in court, I just couldn't resist.)
You've really got to settle this. Punch you square in the jaw? Hit you with lawnchairs and an Iron press? She pushed you off the internet, u were using the computer, and then you said that her baby was crying, to make her aware. So she then punched you. SHE PUNCHED YOU. She punched you for telling her that her baby was crying, trying to alert her that her infant needed caring, and she hit you for it? You then acted defending yourself. Her case is crap.
Now if you really want to do this right, you have several options:
Send her to prison or jail for awhile (not quite aware on the time, but it'll probably depend on your argument)
Get counseling, like family counseling
Get your sister mental health institute counseling
Get her child taken away from her :twisted: (might happen if your case shows that she could be violent to him/her.
The jury will probably think that she's just suffering from post-having a baby (eh?) depression or something like that, and take pity on her. It isn't a fair world out there and because she's a girl and you're a man makes her case look better. Still I just want to point out, who was knocking her up at age 18 anyway? Slut.
Crap. Now I read you settled it w/o legal action. I still say get counseling.
That tape recorder thing is a great Idea, I'm really thinking of doing it too (to make funny as hell audio tapes from stupid kids and to blackmail)

[Benvolio]

"post-having a baby (eh?) depression or something like that." Just to let you know, I think it's post natal. However, I think that would be bullshit, because he said she's done it for years, and this should be her first child. I hope so, otherwise she really has got problems at 18...

[tessera]

IncredibleME, I have come into this one a bit late but I was going to tell you to discuss this with your family and I was going to urge you to speak with your father. I now see some of that has been done. I wanted to tell you to see what your father might have been able to do for your sister.

There is no way could she have a case against you. Nothing to fear in that. Don't concern yourself.

She is one mean sister. Steer clear of her as much as you can. I dare say the reason for her being the way she is concernes her personal situation. Speak matters over with your father. He obviously is properly qualified to handle this.

Ron

[Benvolio]

"He obviously is properly qualified to handle this."

What makes you say that? I thought it was made clear that the parents don't want to testify against their daughter, in which case they're stupid, sorry for bringing my opinion into this. But if it was my family, I'd do whatever was necesary to protect them both, even if that meant punishing one of them. I don't expect them to imprison her, but I'd expect the parents to at least agree that she's violent towards her younger brother :-p If he doesn't do that, what could he be qualified in that's related to fixing this problem? Marksmanship? :-p

[tessera]

"He obviously is properly qualified to handle this."

What makes you say that? I thought it was made clear that the parents don't want to testify against their daughter, in which case they're stupid, sorry for bringing my opinion into this.

His qualifications lie in the legal field. I was addressing the legality of all this.

Now she is going to press charges on me, my question is what can i sue her for and does anyone know anyway i can get a lawyer, my parents wont help me.

That was the situation IncredibleME wanted answers for

And my dad is a top lawyer in town so every lawyer knows of him,

Which means he must know all the laws and regulations. That is what I meant by the comment - his father is properly qualified (to answer the querie - to advise you.

[Krzysio]

Sounds horrible. I am not sure if a threat to violent self defense is alright. But I don't think they will send to you jail for what you did. Juts make sure the whole story coems out, and the quote actually is:

"Hit me again and I'll kill you."

Instead of just

"I'll kill you."

[TheRealest]

My sister used to do the same thing, when I was 10 she used to beat me, lock me outside, (she is 2 years older then me) she used to hit me with books, well lol im 14 now and I lift weights and I am wayy taller then her, she tried to hit me last year and i finally beat the living shit out of her, she hasnt done it again..maybe thats all your sis needs is for you to shut her up once and for all.

[Benvolio]

Although that is true, she does really need to be shown who's boss (And it isn't her), although I don't think that beaten shit out of her would be the best way... She could have you then for assault AND threatning her, probably.

[EGun247]

It's still not really settled. I agree with you all,, she can't do this any more. If things have totally settled and she's changed, fine. If she starts to act up again, then if you want to you could goad her into trying into attack you. Do it in a subtle way. Either have a video camera on or do it in a place where when she starts hitting you your parents would come in. They would only see her beating on you, but not the tricking. It's justified, you mentioned that she did all sorts of crap to you, like hell she's going to get away with anything.

[Anthony212]

well sence your sister is 19 you could press charges and she would br tried as an adult and have the same penaltys as one. but if she did press charges against you i doubt you would go to jail because she attackted you first. and she has a history of hurting you. but this mostly depends on your age. if you are a minor not much might happen but if you arent it can be alot worse then what i have mentioned.

I think i understand the law pretty much for someone my age. lol...to much tv

[tessera]

If she starts to act up again, then if you want to you could goad her into trying into attack you. Do it in a subtle way. Either have a video camera on or do it in a place where when she starts hitting you your parents would come in. They would only see her beating on you, but not the tricking. It's justified, you mentioned that she did all sorts of crap to you, like hell she's going to get away with anything.

It is not justified in any way. The act is illegal. It is called provocation. You have no grounds for provocation and it will not hold up in any court.

And what is it with you Americans always wanting to take people to court and sue anyone and everyone, and all the rest.

Forget about provocation - work on resolution and reconciliation.

[Trojan Man]

Tessera wrote:
It is not justified in any way. The act is illegal. It is called provocation. You have no grounds for provocation and it will not hold up in any court.

And what is it with you Americans always wanting to take people to court and sue anyone and everyone, and all the rest.

Forget about provocation - work on resolution and reconciliation.

his sister is beating him up. she didn't given a cup of coffee and not tell him it was hot.

also worry about the Austrailian legal system, not ours.

[Trojan Man]

Tessera wrote:

It is not justified in any way. The act is illegal. It is called provocation. You have no grounds for provocation and it will not hold up in any court.

And what is it with you Americans always wanting to take people to court and sue anyone and everyone, and all the rest.

Forget about provocation - work on resolution and reconciliation.

his sister is beating him up. she didn't given a cup of coffee and not tell him it was hot.

also worry about the Austrailian legal system, not ours

[xxxx.xxxx]

STFU ^^. I am an American and I could give you a long-assed list of things fucked up about our system INCLUDING the legal situations. Those lawsuit are stupid, Ron is right. If he is going to catch his sister, it is going to be more believeable when he is not predicting his responses.

[Zaphod3000]

Why NOT get her sent to jail? She obviously has some sort of anger problem and needs help; maybe a night in jail is exactly what she needs for a wake-up call. Not to mention she has a child, and this is not a good environment for it to grow up in; she needs to get help right away. If you press charges, maybe there's some way to force her to see a counselor. Talk to the police about it.


exactly if she does this to you her brother she dosnt sound safe to be around a child

[Arrexu]

haha biiiiiiiiiiig bump :P

This thread is 6 years old lol

[Illuminate.]

Your sister can't send you to jail for a threat....She could try and press charges against you, but I think the lawyers would just laugh and send her on her way. Besides, she would be getting herself into a pile of shit because she started the entire thing.

I wouldn't even worry about it. She doesn't have shit against you.

[Oxy]

Lock this thread. I doubt anything discussed in it is still relevant.

[damle]

I'd suggest that you take your time, and carefully write down, in as unemotional a way as you can, all of the things that your sister has done to you, and anything your father has said to you to try to dissuade you from taking legal action.

You may come up with a document strong enough that nobody will be able to deny you representation. And you absolutely can take it to the city (or county) prosecutor's office, and ask to "sign that document into a complaint against your sister". That way, your side of the story will officially be on public record, and she will be served a copy of it and made to appear in court.

Who knows what she and your father will try to pull against you? If you go this route, you won't find yourself in a "defensive" position, but rather an "offensive" one, which will greatly give you the upper hand, and your allegations of everything she has done to you, whether you have proof or not, will already be entered into the public record.