Legal Question in Criminal Law in Florida

False battery charge

My boyfriend is currently in the DJJ. He was falsely accused of pulling a knife out on his older brother. My boyfriend is 17 years-old and wont be 18 until April 7 2008. My boyfriend can be released, however his father is refusing to let him back into the household. From my understanding since my boyfriend is not of legal age he HAS to be living with parent/guardian unless legal documents state otherwise. My boyfriend's brother is 19. I would think HIS FATHER HAS TO TAKE CUSTODY OF HIM AND THEY SHOULD RELEASE HIM INTO THE HOME. If the court has a no contact order against my boyfriend, then shouldn't the oldest one move out? Because legally my boyfriend is not emancipated and should be living with mother and/or father. But they are not releasing him because father refuses to bring him back into the home. Is he allowed to refuse a child he is responsible for? What can my boyfriend do to be released from jail? What are his rights? What are his father's rights?


Asked on 10/29/07, 7:18 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: False battery charge

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The father does not HAVE to have the son released. Apparently, the father is concerned that the son will be a problem or has been a problem and does not want to be responsible for him. Your boyfriend has taken an adult action and will have to obtain counsel to represent him or rely on the Public Defender.

Scott R. Jay, Esq.

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Answered on 10/30/07, 12:12 am
Valerie Masters Valerie Masters, P.A.

Re: False battery charge

If a parent will not take his child back, the State calls DCF arrange foster care. I doubt the court would ever tell an alleged victim to move out of a home. Your boyfriend has serious legal problems, they are not the father and brother's problem, they are his own.

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Answered on 10/30/07, 8:13 am


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