Do I need a lawyer??

Question

My 15 year old daughter was assaulted on Friday by an 18 year old student and she has 2 black eyes and was really hurt,the school seems to be dragging their feet.I called a couple attorneys and one attorney says what do I need a lawyer for??what kinda question is that?!I want to press charges on the girl,I called the police who said take it up with the school,what should I do??

Answer 1

Go to the police and file charges. It is a criminal matter, not a civil one

Answer 2

Dear friend, if you are an old fashion person (I am). the best thing to do is to, first contact the parents of the girl who did that to your daughter, invite them all to your home or theirs or a park somewhere mutual, let everyone talk, they can say their apologies, I am sorry, it wont happen again and stuff like that, and solve the problems.
If that did not work, I mean nobody agrees to above meeting, get back to the 21st century, just go straight to the police and press charge, (I hope you took pictures of your daughter injuries, because that will help the case, also have witnesses).
Then you will find out if you need a lawyer or no. good luck and take it easy, sometimes our own children are that that innocent we think they are. good luck to you

Answer 3

Okay Lin,
This happened to my 16 year old daughter. Got hit - broke one tooth off and chipped another one. At school. Forget the school, they are worthless. Because they don't want to be liable for the fight, even if it happened at school. I don't know what state you are in. I live in Oklahoma and we have a bullying law. It's not enforced much, but it's there. I would keep on going up the ladder until a report and pictures have been made. The cops here also told me to take it up with the school, the school said, take it to the cops. Trying to pass the buck, wouldn't you say? Go to the DA's office and make a complaint. Ask them to take pictures. If they will not help you, go to your states - Board of Education- which is usually located at the state capitol. I would scream until someone acted. It's your right to protect your daughter and your responsibility. Get after it women!

Answer 4

Go to the cops and press charges. INSIST on it. make a fuss. Such passivity is appalling and is one reason violence is on the rise. They can hang up the phone but if you are in their face they have to deal with you properly. Go visit the boys in blue.

Take photos and take her to the doc so there is something on record.

I am old fashioned too but I doubt you will accomplish much unless you get the law involved.

Schools just don't want a fuss.

Lawyers you do not need. The law is on your daughter's side. Or, should be.

If the cops do nothing, contact the office for your local elected politician and agitate. We have delegate offices in Canada.

Good luck.

Answer 5

First step: Stop using the telephone.

Go physically to the police station and insist on filing a report and charges. If they won't accommodate you at the police station, then you have a specific request for a service for the lawyer to perform.... that is to write a letter to the police chief pointing out that they are required by law to allow you to file a report and charges... or else.

Stop using the telephone and go see each contact in person, otherwise they will not take you seriously.

Answer 6

You go to the magistrates office in your county courthouse and you press charges. The State DA will be your attorney ONCE you have pressed charges. Get a school incident report and take your child with you. They cannot deny you the right to file assault charges.

Answer 7

god it makes me so angry when schools won't see the severty of these kinds of actions , go to your local courthouse and get a restraning order against this person than take it to the school and make sure they know that this order is to prevent another attack you can also press charges (well you should do both) with your local police station tell the local police the school said to take it up with them and than tell the officers that your going to get a restraining order no matter the age of the victum or the attacker it's physical abuse and is punishable by law leave the school out of it until you have the restraining order and the charges and then threaten them with a law suit if they don't abide by the order

Answer 8

The short answer is "yes", but not for the reasons you think. Let me explain . . .

You actually have 2 different issues that you need to consider. The first is any criminal or school proceedings against the person who assaulted your daughter. The second is what are your daughter's rights relative to the person, the school or any other responsible party. (It is this second issue for which you need an attorney.)

Lets deal with the first issue:

Your daughter was assaulted. Someone broke the law and hit your daughter. That person should gbe dealt with in accordance with the law. You should be vigilant in pursuing this matter lest that person continue to harass, assault, threaten, etc. your daughter. If there are no repurcussions, then why should the assaulter stop the improper behavior? Go to the police department. Insist that a report be taken. Insist that you speak to a detective who will investigate the incident. Demand that the matter be investigated and that if criminal charges are appropriate, then let the charges be brought. Bring your daughter with you. Bring medical records (if any), photos of her black eyes, any torn clothing and anything else that shows the effect of this assaultive behavior. If your daughter is afraid to go back to school, let the police know this, too. Is your daughter going to receive any therapy (to deal with any issues of fear)? If so, let the police know this, too. Most importantly, let the police know that you consider this a serious offense and you will pursue it and cooperate with any prosecution. (However, be aware that a full and impartial investigation may result in other facts coming to light, such as was your daughter the initial aggressor? Was the other person acting in self defense? Is it possible to explain the incident in terms of an accident? Etc.)

The second issue:

Someone said this is not a civil case, but it seems to be actually both a criminal case, an administrative case and a civil case. (The criminal case is discussed above.)

The administrative case should involve a complaint to the school through its disciplinary board/personnel. The person who assaulted your daughter, if on school property or in the course of school activities should be disciplined by the school. This is in addition to any criminla proceeding. While the action taken by the school is usually confidential as between the school and the person being disciplined, this accomplishes several things. First it allows the school to maintain control over students who violate its code of conduct. Second, it puts the school on notice and creates a verifiable record, of this student's violent nature and the need to protect other students. Third, if puts the school on alert that at a minimum, they need to act so as to proved for a ssafe environment for your daughet in relation to this particular student.

This is also a civil case because while on school property or in the course of school activities, the school is responsible to act reasonably to protect and safeguard the children. If the school knew of this child's prior history (assuming there is one), then they may be responsible to your daughter and liable for money damages. Reagrdless of the school's responsibility, the person who attacked your daughter is responsible. A black eye, by itself, may not be worth the effort of suing the school district, but your description concerns me. If your daughter has 2 black eyes, that tells me that she NEEDS medical attention ASAP! Two black eyes usually means one of two things. Either she was hit so many times, in the face, that she is at risk for permanent damage to her face, brain, and most likely, her eye site. If she was hit only once in the face, then 2 black eyes usually meen that she was hit in the nose and her nose is probably broken. If your daughter has not been seen by a doctor, or in a hospital emergency room, get a move on! If there is something there, she needs medical attention and if your daughter was an innocent victim, you are entitled to have your medical bills paid (such as doctor's fees for any examination, even if nothing is found, x-rays, etc.) and your daughter is entitled to be compensated for her pain and suffering, any deformity, any surgery she may need (such as to straighten her nose or correct a deviated septum,) etc. (It is very easy for other people who wrote in to say that a black eye is no big deal, but unless you KNOW for sure that there is no nasal damage, no visual effect, no subdural hematoma (closed head injury), you are running blind! This is your daughter's welbeing, get it checked out by medical personnel!)

Answer 9

Go to the school board an if there's no help get a lawyer for intent to do bodily harm!

Answer 10

File a police complaint. You are already late. Do not delay any further