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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27682
Experience:  Attorney with experience in family law.
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My daughter is being cyber bullied severely in Temecula. She

Customer Question

My daughter is being cyber bullied severely in Temecula . She is 12 years old, I cannot BELIEVE the things two others girls are telling her on social media. I went to the school and the assistant principal told me" oh, I know those girls, they are all talk". The girls are threatening to beat up my daughter. Meanwhile my daughter is suicidal at this point , not to mention she is scared what these girls will do. The school is taking it so lightly I am so upset. What can I do law wise if anything?
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

Threatening to beat someone up is a crime. These girls may think it's funny and they may be all talk - but they are legally committing stalking, and they could go to jail. Cal. Pen. Code, Section 646.9. Your daughter actually could file a police report for each and every event, and since this is all social media - which is so incredibly stupid - your daughter has all the evidence. All she has to do is hand it over to the police. They could conceivably file one misdemeanor charge against each of the girls for each threat or act of harassment, so, depending on how long this has been going on, that could be multiple charges.

The other option, if you haven't already, is to take printouts of these threats and conversations and sit down with the girls' parents (either set or both, if possible). Request a meeting, show them what their children are doing, and see if they'll take action. California law allows an injured party to sue a parent for a child's willful misconduct, which includes personal injury, so if your daughter is harmed, they are liable. Cal. Civ. Code, Section 1714.1. Hopefully, letting the parents know that will get their attention, even if doing the right thing isn't even incentive for them to act on their own.

On top of all that, your daughter could sue the girls who are harassing her (and their parents) for intentional infliction of emotional distress if you have medical bills, therapy bills, etc. showing how this has affected her. Whatever you decide to do from a legal standpoint, I hope you are able to get your daughter the help she needs. No one should have to deal with what these girls are putting her through.

Expert:  Lucy, Esq. replied 10 months ago.

If your daughter does get beat up or otherwise harmed, and I sincerely ***** ***** doesn't, you may have a negligence claim against the school if you can prove that they had the means to step in and stop this from happening and they were negligent in failing to do so. But that's a remedy that would come into play if she's injured, and I'm hoping that by pursuing some of the other courses of action I've mentioned, you may be able to avoid having to do that.

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