Winter Haven, FL asked in Civil Litigation for Florida

Q: Can you sue your parents if you get into an argument & they physically abuse you & verbally kick you out the house?

My brother’s girlfriend is 18 & she got into an argument with her parents & she left her bruises & scratches also kicked her out the house. Can she sue them?

Related Topics:
2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You present two different issues, (A) can an 18-year old sue her parents for physical abuse, and (B) can an 18-year old sue her parents for withdrawing their permission to live in their house.

The answer to (A) is yes, if you are battered by anyone, you may sue for money damages, whether they are related to you or not. However, whether it is worthwhile to sue is another story. If she needed no medical treatment as a result of the battering, it is unlikely to be worthwhile, and there would probably be no attorney interested in taking the case. But aside from the issue of suing for damages, she may have grounds to seek a restraining order against one or both parents requiring them to stay away from her.

The answer to (B) is no, UNLESS she was their tenant, either under a written lease or a verbal agreement to pay rent. If she is a tenant, she should call the police to complain she was unlawfully evicted, but if not, there is nothing to be done legally, as parents' legal obligations to shelter and take care of their kids end on the child's 18th birthday. In any event, in this kind of situation, it's always better to look at social and psychological-type remedies, rather than legal ones (for example, apologizing for whatever triggered the argument and asking for forgiveness, as hard as that may be).

Bruce Alexander Minnick agrees with this answer

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: Yes she can sue her parents. She should discuss her case with counsel here in Florida about possible representation. The owners homeowner insurance policy benefits could be a possible source of recovery if the harm done to her could be deemed negligent as opposed to intentional.

Bruce Alexander Minnick agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.