Arlington, TX asked in Domestic Violence for Texas

Q: i am 14 and i have a 19 year old step brother he grabbed me by the back of my hoddie and threw me on the floor

i was in my parents bed room with my step sister and my little sister who is 2 he kept trying to wake us up but we told him it was too early that we dont wake up at that time so he got water and put it on my face and i thought my little baby sister was him so i grabbed her by the hair and he yelled at me and i woke up and it was her i went to the bathroom to clean up and he came in and said to get out and go to my room i didnt listen so he grabbed me by the back of my hoddie and threw me to the floor i couldn’t breath then i got up and went to my room and he threatened me and said if i would have touched him he was going to choke me

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: You didn't ask a question. Was it OK? No, it wasn't. Was it illegal? Maybe.

If he was responsible for your welfare. That is to say, if he was in the role of babysitter, then it was probably NOT a crime because it is legal to use physical force to discipline a child under the age of 18. There is no legally justified "self-defense" against a LEGAL use of force. That means if you physically fight back against his LEGAL use of force then YOU would be technically committing the crime of Assault against him! Furthermore, his threat to use force is legally justified whenever actual force would be justified. All of that said, it doesn't sound like he is emotionally mature enough to be a GOOD babysitter.

Tell your parents what happened and request that you not be left in his care again.

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