He swung a pipe, hit the person in the head and chased them out the front door. How is that battery?

 

Obviously you're uncertain as to what a battery is. The sequence you described is as textbook as it gets, when it comes to a battery.

Obviously you're uncertain as to what a battery is. The sequence you described is as textbook as it gets, when it comes to a battery.

 

I am more than educated as to the legal definition of battery. I am also aware that you have a constitutional right to protect yourself, property and family from an intruder. I guess the question is whether he used unreasonable force, which I personally do not think he did. If he had continued to beat him, then perhaps.

Okay, he's in the bedroom, without the homeowner's knowledge. He is trying to keep from being seen by the homeowner. If that is not hiding, then I don't know what it is.

 

Here is my question for you--what are you arguing for? Do you think the kid had a right to be in the bedroom? Do you think the dad was wrong for allegedly protecting his daughter from the unknown? Do you think the dad should have known that the kid was harmless at first glance? What do you think you would have done in the dad's shoes?

 

1. Again, how do you say he was "trying to keep from being seen" when he was standing naked on the bed?

 

2. I think the dad , while right in his mind, broke the law. If my assumptions are correct based on limited info (kid wasn't hiding, girl wasn't being held down, girl was naked) then the dad overreacted. Its understandable but its still an overreaction and he broke the law by hitting the kid.

 

3. No clue as to what I would have done but had I hit him in the head I would fully expect to be charged.

If the girl was a minor, she has no rights to invite anyone in the house.

 

Is that a real law ? SO if my son invites his buddies over without my knowledge I can shoot them when I see them and say I was startled?

Is that a real law ? SO if my son invites his buddies over without my knowledge I can shoot them when I see them and say I was startled?

 

I would have to say that is a real law. The same way that if your minor child hurts an idividual, you are held responsible in a court of law.

I would have to say that is a real law. The same way that if your minor child hurts an idividual, you are held responsible in a court of law.

 

It sounds like you're not sure if that is a real law.

 

In your world when I came downstairs and saw 4 boys down there that I didnt know my son had invited in I would be justified in running up and punching them in the face because I feared they may be getting ready to be up my son, right? I don't have time to analyze the situation. I just want to protect my son.

It sounds like you're not sure if that is a real law.

 

In your world when I came downstairs and saw 4 boys down there that I didnt know my son had invited in I would be justified in running up and punching them in the face because I feared they may be getting ready to be up my son, right? I don't have time to analyze the situation. I just want to protect my son.

 

If you heard noises and they were naked, I'd say you could do whatever you felt needed to be done.

I am more than educated as to the legal definition of battery. I am also aware that you have a constitutional right to protect yourself, property and family from an intruder. I guess the question is whether he used unreasonable force, which I personally do not think he did. If he had continued to beat him, then perhaps.

 

Battery does not take into account reasonable (or unreasonable) force.

I'd be interested to hear a lawyer's point of view on all of this.

 

Maybe even a lawyer who has kids?

Battery does not take into account reasonable (or unreasonable) force.

 

I was referring to the right to protect one's person or property with reasonable force.

I'd be interested to hear a lawyer's point of view on all of this.

 

Maybe even a lawyer who has kids?

 

I talked to a lawyer about this very subject last night and he said the dad should have killed the man to insure that it wasn't his word against the man's. He said that if he killed the man, there would be no problems in court :thumb:

If the girl was a minor, she has no rights to invite anyone in the house.

 

That is what I would think but I am not sure.

That is what I would think but I am not sure.

 

I have confirmed that a minor child does NOT have the right to invite anyone into a parent's house without consent.

If you heard noises and they were naked, I'd say you could do whatever you felt needed to be done.

 

Hold on . You said as long as you were attacking under the guise of "protecting the child" then "naked" should not be a sole factor, right?

After a little research, it seems that there is a case from Illnois that will clear up some confusion here.

 

People v. Banks

 

" For example, in Banks, the jury asked for clarification regarding who had the authority to give the defendant permission to enter a home. The trial court replied that only the owners of the home, the parents of a minor child living in the home, could grant permission. Banks, 281 Ill. App. 3d at 421. This court held that this explanation improperly excluded the possibility that the parents' minor daughter could have permitted the defendant to enter the house. Banks, 281 Ill. App. 3d at 422"

 

From: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=app/2001/2000529&invol=3

 

It seems from that passage that there is still some ambiguity as to whether or not a minor can invite someone into their parents' home; however, I believe that they can, which would thus make null an action for trespass.