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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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My wife has really been mistreated by a fellow student at her

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My wife has really been mistreated by a fellow student at her college. Frequent unwelcome touching, she told the other student to stop and that only made her do it more. Rude and even sexual remarks to her. This was brought to the attention of her instructor and the response was well she just needs to handle it herself. Then she told the administrator above the instructor and that person told the other student to stop, but it persisted. Then the other day after my mom contacted the students moms because they have mutual friends and thought if she talked to her it would resolve the issue. The student snatched the phone from her mom and talked to my mom a little while and seemed nice. The student went to school and complained that my mom harassed her by the phone call but the phone call was never directed to her and my mom was being super nice she just is. So after the school got the complaint from the student that my mom harassed her on the phone they called her and my wife into a meeting and during the meeting the student became very angry and told my wife that her husband would have no problem boarding someones house up and burning it down with them inside. My wife was shocked and said was that a threat and the school administrators told her to calm down and it wasn't a threat. We called the police about the threat and then the next day they took a report and said their is probably enough to press charges against the student. I went in to talk to the school about all this and they said ok we will look into and get back to you in 24 hrs. While they haven't gotten back to me and its been over 24 hours. Some of the students in my wife class told her that they took them all in and made them give signed statements and they are scared and dont want to talk to my wife now. What can I do since I think all the school wants to do sweep all this under the rug?



So, your wife is a student or an instructor?


Have charges been filed against anyone for the threats?

Customer: replied 6 years ago.
My wife is a student, the police took a report and I am looking into complaining to OCR what is really upsetting to me is how the school is handling it. Trying to get the other students to turn against my wife and trying to sweep it all under the rug.



Thank you. Well, there needs to be a conviction of some sort before the school can be held accountable for any safety or lack thereof. So if she is filing assault charges, you need to see where that goes before you can proceed against the school.


She can file criminal charges for the touching. And if she feels threatened, she can request a restraining order which will keep that student off campus until this is all resolved. Should your wife be victorious in a criminal matter, then she should consult with a local attorney to discuss the liability of the school and how to proceed there





Customer: replied 6 years ago.
is filing criminal charges the same as reporting to the police about the threats, is there more we can do? Since her threats were terroristic is that handled by the local police or is that a federal thing?



Terroristic threats is a state charge. If you have filed with the police than you need to follow up and see if they are pursuing this. If not, then you can go to your magistrate or district/county court and file a Statement of Charges on your own and have a summons issued for her court appearance. You can also inquire about the restraining order.



Customer: replied 6 years ago.
if they are pursuing it how do I go about getting a restraining order?



You can go to the court in the county where this happened, and your wife needs to fill out an affidavit of the facts and matters. This is obtained via the clerks office in that court. They can provide you the forms.



Customer: replied 6 years ago.
She threatened our entire family so I would like restraining orders for all of us including or 5 year old girl, can we all get one? Also by wife is concerned with this student going out and buying a gun does the restraining order protect against that?



Yes, you can get it for any member of your family as long as you can substantiate the need with her threats.


Yes, it would preclude her from purchasing a firearm and if made permanent, if she already has a gun, she will need to relinquish it to the court or local police



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