If a mother (senior) first tries to slap her daughter (30+ yrs old), but the mother missed, and then the daughter grabs the clothes her mom is wearing, and slams her mother against the wall, what kind of law is violated? What are the consequences if a mother sues her daughter or the daughter sues her mother?
1 Answers
Most often, as a practical matter, this incident would not be brought to the attention of law enforcement or the courts, and hurt feelings and a bruise or two would be the only consequences.
In the case of adults, this would probably legally constitute assault (in the narrow sense) in the first instance, and battery, in the second. The exact name of the offense varies from state to state, but those are the common law names for these offenses.
These are both crimes (usually petty offenses or misdemeanors since there is no serious bodily harm), and also torts that could form the basis of lawsuits, although the damages would be nominal or nearly so. This could also be the basis for either party to seek a protection order/restraining order (the formal terminology varies from state to state).
A criminal "disorderly conduct" charge would also be common in these circumstances. "Abuse of an elderly person" could be a charge depending upon the age of the mother. A "domestic violence" criminal charge would be less likely but would be possible in some states (and more significant, as a domestic violence charge results in a lifetime prohibition on owning a firearm as a collateral consequence).
Authorities pressed charges in a recent case involving the ex-husband of a Colorado member of Congress and his son this week.
Any of the potential legal consequences would probably take place in state court.
What are the consequences if a mother sues her daughter or the daughter sues her mother?
A lawsuit happens and the court process runs its course. If a money judgment is entered for one or both of them, the judgment could be collected in a court process. Also, the mother and daughter are likely to become estranged after this happens.
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