Q: How do I handle this? My daughter says aunt hit her but didn't leave a mark?.

Daughter is 13 and has a bit of an attitude. Last night she said her aunt and grandma held her down and aunt hit her in the side. Didn't leave any marks they deny it and said it was pretty much a restraint

1 Lawyer Answer

A: Anything that causes pain meets the minimum threshold for "bodily injury" under Texas law. Therefore, leaving a mark is not absolutely required.

Causing bodily injury to a child under 14 can be a felony. That said, the use of force for disciplining a child can be also legally justified, so they probably have a defense. There are at least two sides to this story, so it is possible that the child's version of events does not match what the aunt and grandma could way.

You should be hesitant to get law enforcement involved because, if they decide to bring charges, you won't necessarily be able to "drop the charges" like they do on TV. Law enforcement could get C.P.S. involved. The case worker from CPS might decide that your daughter's aunt and/or grandmother are not appropriate caretakers for the daughter, and they could blame YOU for allowing her to be in their care. The situation could quickly get really complicated and really expensive... not to mention the potential damage to your daughter.

It would be wise to seek resources for the parents of teenagers. Some classes would be a good idea because, even if they cost money, it will be a lot less money than dealing with the legal system. Your experience dealing with little kids does not prepare you for teenagers, and part of the reason that being a teen is so hard is that our society does a poor job of guiding teens. If you just do whatever your own parents did, chances are that you could do a LOT better with training.

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