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My daughter who is 15 was punched in the ribs on Friday

Customer Question
My daughter who is...

My daughter who is 15 was punched in the ribs on Friday November 10th by a boy at school who is a year ahead of her in school. I ended up taking her to the ER that evening due to having issues and pain. The school has yet to do anything about the situation and the boy is now following my daughter around the school. Help!! What are our legal rights and can I press charges?

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

I have talked with the assistant principal but have not heard from him since Friday. I would like to see this boy removed from school. I need my daughter to feel safe at school and right now she doesn’t

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 8 months ago.Category: Education Law
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Answered in 4 minutes by:
11/16/2017
Education lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Education Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Education lawyer: Nisha Jones,
 replied 8 months ago

I'm sorry to hear this happened to your daughter. I'm also sorry to hear that the school has yet to taken action concerning this.

To answer your question, yes, you can file a police report to press charges, or you can go into or call your local prosecutor's office and set up a meeting with a prosecutor directly.

Your daughter was the victim of an assault and it is a criminal offense for which the boy can be charged, and face criminal penalties.

The school safety officer should have already reported this to the police, and the boy should have been suspended as well. If the boy is following your daughter around, and any more harm were to come to her, the school would be open to a lawsuit from you for criminal negligence, because they are now aware of the issue and have a duty to act to protect your daughter.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Education lawyer: Nisha Jones,
 replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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