Powder Springs, GA asked in Family Law for Georgia

Q: Can a family member sue a 15 year old, for punching their child. They're cousins.

This 15yo punched their cousin in the face (jaw) for talking a lot of crap about them. Can the victims mom sue the 15yo, even though they're related, and she's a minor.

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2 Lawyer Answers
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: Yes, they could sue, but they would be suing you and not the child. The fact they are related means nothing. Talk to an attorney if you are served with a lawsuit.

Kim Ebert agrees with this answer

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: Yes. Whether it is advisable or not is a whole different matter. Obviously there may be a criminal case here. With that comes serious consequences to the alleged batterer: even a juvenile conviction can preclude a person from entering the military, police... many occupations require an applicant to disclose juvenile convictions. If your child was not seriously injured, then consider the long-term consequences and bad family relations that will certainly result. Even a civil suit, presumably naming the parents, can sometimes likewise have dire long-term consequences. If your child was injured requiring medical care, you may first demand payment for medical expenses before considering a criminal and/or civil suit. An attorney can help you with this and potentially keep things out of court and explain to the other party the consequences of any type of action.

Having served in the military, public defenders office and legal aid (domestic violence specialty), and being in private practice, and being a taxpayer, and knowing the consequences of the current state of our laws concerning juveniles - and as a general matter knowing that almost everything is public information in the internet age - I strongly encourage you to seek advice from an attorney that will not inflame the situation further and will represent your interests competently.

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