Self defense or a mother's right?

Asked over 4 years ago - Oakland, CA

ok so my moms slammed her hands down on my chest and grab my shirt and i pushed her hands upward off of me and i didnt hit, slap, punch, or kicked her. and she saying i put my hands on her. do you have the right to move her hands off of you reguardless of her title as "mom"? wouldnt that be self defense on your part if she does put her hands on you?

Attorney answers (2)

  1. Robert Lee Marshall

    Contributor Level 20

    Answered . It depends.

    California law allows parents to use corporal punishment, as long as the force is reasonable. Depending on the circumstances, your mother might also be able to physically restrain you -- again, as long as the force is reasonable.

    However, your response would also have to be reasonable in light of the circumstances of your mother's "putting her hands on you."

  2. Sean Donrad

    Contributor Level 6

    Answered . It all depends on the age of the child, her/his reaction, and the reasonablness of the punishment. You cannot use a pad to hit a 5 years old kid for him kicking your dog.
    Sean Donrad, Esq.
    510.379.6550

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