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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3299
Experience:  30 years of experience
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My 12 year old was pushed away from her locker and backed

Customer Question

My 12 year old was pushed away from her locker and backed away from her locker and cornered by a 13 year old twice her size. She assaulted her by pushing her forcefully into lockers. My daughter hit her they began tussiling. the very big girl tossed my daughter by her hair on the floor. My daughter expressed to me that she was so scared she fault this girl in fear and as a result she got the best of her. She said this girl was so big she just kept going thinking if she stopped fighting her she was going to sit on her and kill her like in the youtube videos. Even though she fault back and according to everyone she won the fight. This wasn't a fight for her, she didn't want to fight and was acting in self defense. My question is because she fault back and reacted out of fear is that no longer self defense.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Self defense is NOT defeated as a defense simply because your daughter won the fight. The issue is whether your daughter's belief and her actions were reasonable to the circumstance that she found herself in. Your description of events certainly suggest the reasonableness of her actions.

The following article discusses the issue of self defense in detail:

https://lawofselfdefense.com/the-five-principles-of-the-law-of-self-defense-in-a-nutshell/

Please note that self defense is a concept that applies in the legal context of court. The school district may determine not to apply it in regard to their policies. Also Self Defense is a special type of defense in the law and must be properly raised to protect your daughter.

I suggest that you do contact a local attorney so that you can put yourself in the best possible position in the event that the other family either sues or presses charges against your daughter.

You should also discuss with the attorney your rights in suing the other family and the school for not providing protection to your daughter. A good offense may assist you in protecting your daughter here.

This link can help you to find local cousnel:

http://www.lawyers.com/personal-injury/michigan/find-law-firms-by-city/

Most attorneys will meet with you to make an assessment at little cost to you. Please do make a cople calls so that you can be in the best possible position.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald, Esq replied 1 year ago.

I know that this can be very scary. If you would like to discuss this tonight so that Your mind can be put at rest I would be happy to arrange that. Although it is an additioanl charge I would price it at a minmum amount. I just want you to rest easy about this.

If the offer is accpetable to you just click the accept button and enter your phine number. Or if you prefer to keep posting we can do that.

Otherwise, please do not forget to rate me - click the five stars. It adds nothing to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.

Kind regards,

Gerald

Expert:  Gerald, Esq replied 1 year ago.

I will be shutting down for the night in a few moments. If you have further questions feel free to post them and I will get back to you tomorrow.

Have a pleasant evening.

Gerald