A 22-year-old woman is on trial for domestic violence. She considered moving in with her mother after leaving her ex-boyfriend, but decided that living with her mother and 20-year-old sister was too chaotic, so she packed up her bags and tried to leave. Her mother tried to stop her and a fight escalated. The defendent succeeded in getting out of the apartment, but couldn't transport all of her belongings in one trip. Not wanting to leave them alone, she called the police and asked if they could help her move them. They agreed and the defendent brought her belongings outside. When the police arrived, her mother and sister ran out of their apartment accusing the defendent of assaulting them. The defendent told the police she was defending herself when she bit her mother and hit her across the face. The sister told the police that she filmed their whole fight. The defendent was then arrested.
At trial, the defendent says that she was defending herself after her mother attacked her, was scared, and was trying to escape domestic violence that night. The evidence against her: (1.) The video starts by showing the mother yelling at the defendent, waving a finger in her face, and attempting to follow her around as she gathers her belongings. The mother tries to grab the defendent's arm several times and the defendent tells her not to touch her. The defendent walks towards the door, but the mother jumps in front of it. The defendent tries to push past her and screams to let her go. The mother tries to tear the defendent's keys out of her hand, breaking her lanyard, and then tries to take the part of it that still has the keys attached from the defendent's hand. The defendent bites her mother, reaches back, hits her across the face, knocking her glasses off, and tells her to get out of the way. (2.) The mother and sister testify to the defendent's guilt. (3.) The police testify that yes, the defendent did admit that she bit her mother and hit her across the face.
- guilty of domestic violenceVote A
- not guilty of domestic violenceVote B
Most Helpful Guy
If the video showed the mother used force to attempt to keep the adult daughter in the apartment, then in my state, that's considered kidnapping and the defendant was within her rights to defend herself. The mother should have been charged with felony kidnapping by use of force and misdemeanor assault for each time she touched her. If the keys did not belong to her, then add a charge of attempted robbery. What was the basis for the arrest? I'm betting something that happened wasn't recorded on video. It seems like we're not getting the full story here, because it sounds like she used the minimum amount of force needed to protect herself and escape the apartment.0
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