Okay this psycho mom was threatening to fight kids and hurt them and she encouraged her daughter to beat up this one girl?.. which she did and she stood over them cheering her on. how would you sue her for not being a good parent and stopping it.. instead on encouraging it..
2007-04-09 11:34:08 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You might be able to get her on "contributing to the delinquency of a minor".
2007-04-09 11:44:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It would be a hard case to win, but there are good grounds for a lawsuit.
First the mother is responsible for her child and her child's actions. Assault is illegal and if the mother doesn't act to prevent that then she is responsible for that.
Cheering her daughter on in a fight is not a good idea and could be the basis for a Child Protective Services case, in which the child could be removed from the home.
Threatening to hurt anyone is a case of verbal assault and illegal, so the mother could be charged on that basis.
The problem is why were the two girls fighting? Was the mother encouraging her daughter to stand up to a bully? Who started the fight? Why did the other girl get into the fight, did anyone try to stop her, and where was her mother?
In most cases I would rule against the "psycho mom," but no case is the same and there are always other circumstances involved. Without knowing those circumstances I can't make a proper decision. As written above it sounds like there is a good case against the "psycho mom" especially if you can prove your claim that she is psycho. The government is reluctant to get involved in how a normally responsible person raises their children. Teaching a person to stand up to bullies is hard to do and it is even tougher to make the bully stand down. I don't agree with violence, but many parents would consider such a fight to be one valid way to treat a bully.
To win the case you will need to prove that the mother has a history of mismanaging her child or that her daughter started the fight for little or no reason. You will also need witnesses that corroborate your story, and minors make very poor witnesses, it is easy to prove that they are incompetent and unable to give reliable testimony. The case would pivot on “psycho mom’s” past history of mismanaging her daughter. Has anyone else filed a complaint against her, will any adult testify that “psycho mom” is a poor mom. Did her daughter exhibit a previous tendency for violence, has she hurt anyone before and can that be proved? What are the daughter’s school records like are there any disciplinary actions on file? The court will look for a pattern of problems. If you can’t prove a pattern then it may be just one mistake or one isolated action. In which case it could be forgiven.
More than half of any case is preparation and a lot of that is with a paper trail, without that trail the case becomes much harder to win. [No I am not a lawyer, I just watch a lot of them on TV].
2007-04-09 18:54:09 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
Liability for Negligence Per Se (for violating statutes against Solicitation of Criminal Acts).
Liability for Battery under an Insinuation Theory.
2007-04-10 01:16:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well if she encouraged assault you could probably get social services to take her kids away. Just don't let her know it was you because she might go a little crazy
2007-04-09 18:42:26 · answer #4 · answered by malaysniper 2 · 0⤊ 0⤋
Probably wont get much on her, social services taking the kids is the best bet.
2007-04-09 18:49:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋