Let me start by saying I am a minor. I'm thirteen. Around New Years, my father and I were wrestling when my chest ended up between his knees. I was smacking his leg, to let him know to let me go, for a few seconds before he let go. He choked me for long enough that I was wheezing for breath and near tears. I turned to glare at him. He told me to "wipe that shitty look off my face" and while the whole thing is kind of blurry, he probably threatened to do it for me. He says stuff like that a lot. Anyway, I went to the bathroom to wrap my head around the situation and a couple minutes later, he came to ask why I was upset. I told him I couldn't breathe. He told me I was making it up, that I couldn't possibly lose all my breath in a few seconds. (However, I was out of breath, because we were wrestling, so I very well could have, and DID.) He told me he wasn't going to keep apologizing for my mistakes. That is the biggest account of abuse in my house. There has been emotional and psychological abuse, and light physical abuse, but because they leave no marks, I can't tell if it's really abuse. There are many things that pass as legal that are harmful to children. Can he legally do this?
Speak to someone at your school and request assistance. A teacher or counselor. They can help you work things out.
If my answer does help you, please consider marking it helpful or as a best answer. In answering your question, I am considering only what you have shared and more information is certainly needed to properly and fully answer. I am NOT providing you legal advice, but answering a question about the law and trying to point you in the right direction. You should certainly hire an attorney, which you have NOT done by asking this AVVO question. I am licensed to practice in North Carolina and other states have different laws and procedures. You should not rely on online questions & answers for legal advice. You should not rely on online forums for a step-by-step process to navigate the Courts. You SHOULD rely on a lawyer who you hire and who represents you.
Be careful about this. Once you file a complaint, it will be out or your hands. If this was roughhousing that got out of hand, that is an accident, not willful abuse. If not, then follow the other advice. This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Or, if I really hit a home run, write a positive Review. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and unless this is a Maryland case, I am not licensed to practice law in your State. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should not rely on this information to make decisions. I urge you instead to consult with a local attorney.
You don't mention your mother, or any other adult you have talked to or could talk to about these incidents.
If you have a family, or extended family adult [like a girlfriend's mom] who you trust - you might want to consider talking to them about what's going on. If you have no family or extended family member who you feel you can trust, is there another option - like for example a religious, or spiritual leader?
Talking to a teacher, or other professional like a school counselor is another option - although they are subject to mandatory reporting laws which require them to report your concerns to Child Protective Services if they feel there might be child abuse going on. And that may be what you need to do.
I hope this helps.
I am a certified specialist licensed to practice law in California State Courts and Federal Courts. Offering a response to the question you posed on the public AVVO website, you and I have not entered into an attorney-client relationship: I am not your attorney and have not acted in that capacity or otherwise created an obligation to provide further consultation. Use of this information by anyone outside of the State of California, shall not be construed to establish that The Law Offices of Wayne Morrow is doing business outside of the State of California. Comments made on websites such as Avvo.com are provided for information purposes only; you should not base your decision to act or refrain from acting based upon such answers. One particularly good way to determine how the law may apply to the particular facts of your situation is to consult with, and have an investigation undertaken by, an attorney licensed in your jurisdiction, who has expertise in the area of law involved. Please be aware that your AVVO question, and any attorney response, is not either privileged or confidential. If you are considering entering into an attorney-client relationship with me, please go to my AVVO profile page for additional information = https://www.avvo.com/attorneys/wayne-morrow-367367.html
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