Edmond, OK asked in Constitutional Law for Oklahoma

Q: Can I restrain a neighborhood child until police arrive if he attempts to attack me?

A small (maybe twelve years old) child in my neighborhood has been bullying my child and wife and other neighborhood children. My wife told him to stop and he refused claiming he could hurt whoever he wants. More than likely this is just the rambling of an immature kid. However if he were to attempt to hit anyone, am I allowed to restrain him and call the police? Or would I have to let him go if he were to calm down? I understand I can't sit here trying to hurt this kid, and that is not what I want to do anyway. I just want to make sure the authorities would be notified with him there in my presence to make sure he does not get away with this. My concern is that if it were to happen, and I let him go, he would feel tempted to attempt to escalate

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If a child attempts to attack you, you can restrain them to protect yourself or others from harm, but only use the minimum amount of force necessary. You are allowed to protect yourself under the principle of self-defense. However, your restraint should be limited to preventing further aggression and ensuring everyone's safety.

Once the immediate threat is over, it’s best to call the police to report the incident rather than continue holding the child if they calm down. The key is to focus on diffusing the situation, not punishing or escalating the conflict. Letting law enforcement handle the next steps is a safer and more appropriate course of action.

It's important to remember that dealing with children in these situations requires extra care and consideration. Your goal should always be to protect yourself and your family while avoiding unnecessary force. Always involve the authorities to help manage the situation properly.

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