10-year-old charged with domestic violence

[KD5NRH]

I'd call it gun related due the the consequences if she's convicted.
This seems to be a bit of a reach: how many kids don't get into fights with their siblings at that age?

http://abclocal.go.com/ktrk/story?secti ... le-6855303" onclick="window.open(this.href);return false;

Girl, 10, arrested after fight with sister
Tuesday, June 09, 2009 | 6:00 AM

FLOWER MOUND, TX -- A 10-year-old girl has been arrested and charged with assault after she and her older sister got into a fight.

Reagan Green was taken into custody Saturday after the fight with 13-year-old Desiree Green.

Someone witnessed the fight at a Flower Mound park and contacted police, Dallas-Fort Worth television station KDFW reported. Reagan and Desiree returned to their home where officers arrived and made the arrest.

Lt. Clay Pierce with the Flower Mound Police Department told the station it was a case of family violence and state law required them to take some type of action.

Both girls had injuries, but Desiree's appeared to be more serious, the station said.

Rhonda Green, the girls' mother, said that she does not know how Reagan was "scarred" by being arrested.

[C-dub]

This is unbelievable. I probably would have been a 10 time felon if they would have arrested me every time my brother and I got into it.

I wonder who called the police?

[mymojo]

:facepalm:

[seamusTX]

The federal definition of domestic violence that triggers the Lautenberg Amendment is assault of a spouse or the equivalent of a spouse, the parent of one's child, or a child.

This kind of incident doesn't do it, even if the kid is convicted, which is unlikely.

That said, there has to be a better way to handle this kind of thing than an arrest. It went on all the time in the 1960s. If the police got involved, they either brought the kids home or kept them at the police station until the parents could pick them up.

Here's the text:

(33) The term crime involving domestic violence means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.

- Jim

[TLE2]

I remember a time when I was 5-6, when my brother was upset that my friends and I wouldn't let him in the tree we were climbing (small tree), so he hit me in the back of the head with a garden hoe, so I hit him in the back of the head with a shovel! And boy, did I get in trouble. I'm bleeding, he's crying (and not bleeding) and no LEO's were involved.

Different time.

[seamusTX]

The federal definition of domestic violence that triggers the Lautenberg Amendment is assault of a spouse or the equivalent of a spouse, the parent of one's child, or a child.

Here's the text:

(33) The term crime involving domestic violence means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.

- Jim

[Medic218]

regardless of what the law says i would think common sense would play more of a role in the officers decision on how to deal with this situation. Cops shouldnt have to do the parents job as well as being a peace office.
i mean c'mon, siblings dont always get along and sometimes they squabble...end of story.

[gigag04]

Relevant statues:

Texas Family Code:

§ 71.004. FAMILY VIOLENCE. "Family violence" means:
(1) an act by a member of a family or household against
another member of the family or household that is intended to result
in physical harm, bodily injury, assault, or sexual assault or that
is a threat that reasonably places the member in fear of imminent
physical harm, bodily injury, assault, or sexual assault, but does
not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections
261.001(1)(C), (E), and (G), by a member of a family or household
toward a child of the family or household; or
(3) dating violence, as that term is defined by
Section 71.0021.

CCP:

Art. 5.04. DUTIES OF PEACE OFFICERS. (a) The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect any potential victim of family violence, enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.

There are others. This is a starter.

[Purplehood]

We are slowly legislating ourselves into a mass of proles.

[seamusTX]

The cops are between a rock and a hard place.

Incompetent parents call the cops because they can't control their spoiled brats. The cops don't have a lot of options. They can talk to people, cite them, arrest them, or use physical force incident to an arrest. What other choice do they have?

The reason that I revived this thread is to point out that a domestic violence offense under Texas law (fight between minor siblings resulting in a charge of simple assault) is not a disqualification from possessing firearms under the Lautenberg Amendment.

As usual, IANAL, etc.

- Jim