I have been assaulted twice by my son. Each time he has used a weapon and each time I have had to go to the ER. The first time he used a maglight, the second a Kindle. The first time he was arrested at age 17 and charged with assault and battery with a weapon. The second time I declined to pursue the police case against him. The detective told me that it will happen again.
You need to call the police and NOT decline prosecution. You can also file a restraining order. Or, you can just let yourself be a punching bag until he eventually kills you. Your choice.
You need to call the police. You should also get a restraining order, which will include an order kicking him out of the house. Do nothing, and you will continue to require medical attention until he kills you. There are attorneys who can help you with the DVRO proceeding, or you can get the forms and do it yourself. The reason you need a restraining order and removal order is that if you see him, you can call the police and they will arrest him. A piece of paper won't stop a knife or bullet, but it can bring the police to your aid.
This is technically not a criminal law question. I understand your dilemna. There is likely a substance abuse issue or a mental health issue. You may want to think about a mental health intervention or a civil commitment as he is a danger to you. It might get him a psychological diagnosis and treatment. If your son has substance abuse issues you should consider drug residential treatment. There are also county funded dual diagnosis treatment centers and a support group called Parents' Alliance for the Mentally Ill.
call police. Get a restraining order. If you are a certain age, you can file for a restraining order under the Elder Abuse laws. Again, call the police...make a report...call the local District Attorney's Office immediately....
You can't do anything unless you are willing to make criminal level complaints. If you would make criminal level complaints, then police can arrest, prosecution can occur, and/or you can seek a restraining order.
William Ray PelgerCriminal Defense AttorneyMunhall, PA ·
Not sure of the procedures in your state, but in most states, if there is another physical incident, or he threatens you, you may be able to get a protective order based on the new event coupled with the past violence. Also, if a new event happens, you can file criminal charges. You may be able to use the criminal charges to force him to get psychiatric help. Sometimes in these situations you can hold the criminal charges over him and only drop them after his successful completion of counselling.
Carol Ann Hunter PetersElder Law AttorneyPasadena, CA ·
Clearly ALL of us are concerned about your welfare.
These are hard issues to face, but you already know "what you can do": you can call the police and/or APS/Adult Protective Services. And you can decide which one of you will move.
It is possible that he has a mental illness, and we have statutes that protect his independence rights and other statutes that are hoped to punish him for any bad circumstances that he causes to you, but that latter does not help you right now.
And making these decisions is a very large challenge. You may want to contact UCI/University of California at Irvine's MEDICAL SCHOOL's Gerontology Dept for a confidential conference with one of their trained and educated Psychologists: they have many resources for you, so that you may not have to sue anyone. AND you can be strengthened and protected.
CALL 911 AND MAKE A POLICE REPORT IMMEDIATELY! Don't decline to go through with the case. The detective is right, it will happen again and probably get worse.
