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If you contact your police department to file an assault charge, should that person be arrested?

My son was in our yard. We have issues with the neighbor. He got out of my husband's truck holding his girlfriend's daughter's hand who is 4 and the grandfather just flew across the driveway and charged my son. He slammed into his chest with his hands leaving red marks on his chest. We contacted the local police department and explained the situation. We showed them the marks and received an answer of - we don't see anything we can do. Was there anything else? My husband says so if I hit this guy and you don't see me I can't be arrested? And he said as long as there is no blood, no we can not arrest you.


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    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    This is not true. Talk to the city attorney.
    Answer Applies to: Michigan - Replied: 5/27/2013
    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Under the facts you stated, I believe the assailant should have been arrested. I have represented many people charged with assault with less contact and damage to the injured party than you listed. However, it is up to the police as to whether or not they want to do their job.
    Answer Applies to: California - Replied: 5/23/2013
    Harry E. Hudson, Jr. | The Law Office of Harry E. Hudson, Jr.
    343 East Main Street, Suite 314
    Stockton, CA 95202
    (209) 463-9715
    Depends. If in California, statute requires cop to observe the misdemeanor which is what you describe. The reference to blood is as to a felony for which he does not have to observe the act and only has to have probable cause. If you make citizen arrest cop has to at least issue a citation. Prosecution is up to DA who may or may not. You can apply for a restraining order.
    Answer Applies to: California - Replied: 5/23/2013
    Brendan M. Kelly | Law Office of Brendan M. Kelly
    1700 Farnam Street, Suite 2820
    Omaha, NE 68102
    (402) 455-1711
    Follow up the report with a request the police document the allegation so that you can sue them if necessary. I would also look at getting a protection order against the neighbors to protect your selfs.
    Answer Applies to: Nebraska - Replied: 5/23/2013
    Matt Catchick | Catchick Law, PC
    29829 Greenfield Road
    Southfield, MI 48076
    (248) 606-5522
    Generally speaking, the Police dread getting involved in neighbor disputes. I would kindly recommend you contact your local City Attorney and relay what happened, and ask what advice they might have to prevent this in the future. Another option is for you to retain an attorney to send him a "cease and desist" letter with a threat of further legal action.
    Answer Applies to: Michigan - Replied: 5/23/2013
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