Legal Question in Criminal Law in Massachusetts

adult hitting a minor

My children came home from a visit with thier father and told me that his girlfriend's daughter who is 18 keeps hitting them and they dont like her. My children are 11 and 9. I called Department of Social Services and they told me that they can not do anything since she is not the children's babysitter or parents. They told me that i had to do something about it if i wanted it to stop. It's been two weeks since she's done this and i am not sure what i can do about it. The children don't have marks or bruises from her, still i thought it was against the law to touch a minor at all. Do i go to the courts and file something or do i go thought the police station.


Asked on 4/21/04, 3:45 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: adult hitting a minor

Why don't you just call the children's father and tell him NICELY what the children told you about the hitting by the other youngster and that you saw no marks or bruises on the children?

Next ask him NICELY that you do not want to start any trouble for the other youngster, so would he please talk to her about her conduct with your and his two children.

If that fails, you can go the "A&B" route, but that will likely do MORE harm -- psychological harm -- to the children.

Remember, you get MORE WITH SWEET HONEY THAN WITH SOUR VINEGAR.

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Answered on 4/21/04, 3:52 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: adult hitting a minor

When a lot of honey does not work, a little vinegar goes a long way. First talk to the father & apprise him of the complaint; See his reactions and what he intends to do. A complaint of hitting does not always make the complaint valid. Verify!

If you are not satisfied, take your case back to DSS, because the father's friend is under the control of the father, and he may be liable for neglect if he fails to take actions to protect his children;

You can also file a modification of the visitation schedule;

You can seek a restraining order in that the abuse occurs at and under the control of the father;

You may also seek to consult the police department where the father resides to assist you;

You may also seek to consult the District Attorney in the County where the father lives.

If there are being hit, there is no reason to be too too nice.

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Answered on 4/21/04, 6:41 pm


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