Is this child abuse or endangerment or what?

Asked about 2 years ago - Mancelona, MI

the father was being belittled by mom and decided to go to different area of house to cool off. He had just finished an anger management classes and seemed to be trying very hard, I was there and saw him exit their bedroom and in bare feet trip on a plastic cup. he picked it up and threw it at the wall across the hall. I saw the angle and expected it to hit the wall. Unfortunately it missed that wall and hit the wall in the daughters room, bounced and hit her eyebrow. The absolute horror on his face as he realized what had happened!! His lawyer told him to let it go as child abuse. I saw it, I know better. The little girl told the authorities my daddy never would hurt me on purpose. of course I imagine that we coached her.

Attorney answers (1)

  1. Jeffrey Scott Kaplan

    Contributor Level 11

    4

    Lawyers agree

    Answered . The Child Abuse and Neglect Prevention Act of 1982 defines "child abuse" as: "harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury[.]" See MCL 722.602(1)(b).

    By this definition and assuming your version of the facts is accurate, your father's actions wouldn't seem to be abusive. However, your mother may have a different version of events. Or your sister's injuries may warrant a different opinion. Ultimately it will be up to the prosecutor to decide whether to prosecute.

    If your father already has a lawyer, he needs to consult with him and listen to his lawyer's advice. Unless and until the prosecutor decides to file charges, there is not much your father can do.

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