QUESTION
Is ripping a necklace off of an 8 year old's neck considered assault?
Asked on Oct 10th, 2012 on Personal Injury - Montana
More details to this question:
My neighbor gave my girls some costume jewelry which included a cross necklace. My 8 year old wanted to wear it to school. Her father is Muslim and insists they attend Islamic school. As it is so far away from me, their step-mother meets us and takes them the rest of the distance. In the car, she saw that my daughter had a necklace on and asked to see it. When my daughter refused, her step-mother got loud and told her that if she didn't show it to her she would rip it off her neck. My daughter showed it to her and she made her take it off and broke it. If she had actually ripped it off could I have filed assault charges? And we have 50/50 custody one week on and one off. This is my week, should she be enforcing her will on my kids in this situation. My daughter was very upset as she loves the necklace. In my home, we practice the Christian faith and in their father's he teaches Islam. And to him and his wife because he is Muslim there is no other faith for the kids.
13 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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She didn't rip it off On.
Answered on Jun 26th, 2013 at 10:25 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Yes.
Answered on May 21st, 2013 at 3:00 AM
Trial Practice Attorney serving San Diego, CA
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Bagula, Riviere, Coates and Associates, LLP
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Yes.
Answered on May 21st, 2013 at 2:58 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Assault is assault, unlawful touching. Yes, if ripped off that would be assault. You have an impossible situation. Muslims are impossible to reconcile with read the Koran about it.
Answered on Oct 12th, 2012 at 3:42 AM
You should take this matter back to the divorce court to seek redress.
Answered on Oct 12th, 2012 at 3:37 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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According to you, she did not rip the necklace off.
Answered on Oct 12th, 2012 at 3:32 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Since they are in her care, she can administer corporal punishment that is not physical abuse. The only solution that I can see is not use the stepmother as a driver babysitter, etc while in your care. Otherwise, the stepmother can discipline them as she sees fit. For example, if you hired a babysitter, and the babysitter ignored your instructions on discipline, you would probably fire the babysitter. This is the only control you have over the stepmother. Unfortunately, your daughters will have to get used to one set of rules at his house and one set at your house. In the long run, the step mother is hurting their father, not them, because it is probably damaging his relationship with them.
Answered on Oct 11th, 2012 at 3:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to have much more in the way of detail before I would wish to make an opinion regarding the activities of the stepmother. Certainly it was, to say the least, inappropriate. That said it was also probably inappropriate for you to return your daughter to her stepmother's care and protection wearing something which you appear to be aware would be significantly problematical for them. I would strongly suggest that you, having procreated with a Muslim male, seek to fine manners in which your daughter can be raised with the least conflict possible. They she is only eight years old you have at least 10 years of continuing and alternating parenting time, not to mention the rest of your natural lives given the fact you both have a daughter that you love. He will be much easier for you if you seek not to aggravate each other and work always for the best interests of your child.
Answered on Oct 11th, 2012 at 3:29 PM
Thomas Edward Gates
Yes, Assault 4th degree, which is for touching someone in an offensive manner.
Answered on Oct 11th, 2012 at 3:25 PM
Ronald A. Steinberg
I think that the neighbor meddled. If the parents of the child agreed that she attend an Islamic school, then that is the way the child is being raised. A cross necklace has NO place in that kid's life; it is too confusing to her, and will be considered insulting by the people in the Islamic school. I also think that your allowing the child to wear it will be interpreted against you. In my opinion, just keep your nose out of it.
Answered on Oct 11th, 2012 at 3:17 PM
The act of ripping it off would be considered a battery - an offensive or harmful touching. The "threat" of ripping it off could be considered an assault. Battery is both a civil tort and a crime. But in this instance, it appears there was only a threat of ripping it off and from what is written it is not clear how it broke. This sounds like an unfortunate situation and competing religious beliefs is very tricky. Perhaps some sort of Court directed mediation is necessary to discuss how this will be handled in the future.
Answered on Oct 11th, 2012 at 3:15 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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People don't understand the terms "assault and battery" and think they both are the same; they aren't. An assault is putting someone in fear of immediate bodily harm, coupled with the apparent ability to carry out the battery right away. If someone calls you on the phone and says "I'm gonna smack you one" that is not an assault because they don't have the apparent ability to immediately "smack you one". If they are standing next to you and say that, that is an assault. A battery is simply defined by the law as "an offensive touching." Some cases have construed that as meaning if the touching would be offensive to the average person, it's a battery. If someone comes up and touches me with their thumb on my elbow, that wouldn't be a battery because the average person might find that strange, but not offensive. You can assault someone with committing battery upon them if they threaten to hit you but never hit you, and you can have someone commit a battery upon you without an assault if they sneak up behind and hit you without you ever knowing that the blow is coming now, does that answer your question or just muddy the waters?
Answered on Oct 10th, 2012 at 3:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The criminal justice system has no place in this dispute at this time. Your choice to marry a Muslim has created this nightmare so you must exercise the greatest tact and diplomacy if your mixed family is going to endure the burden of mixed religious chaos. Your real challenge is counseling your daughter on how to deal with the conflict. Remind her that Life is a long road. This problem will eventually pass.
Answered on Oct 10th, 2012 at 3:48 PM