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My son and his girlfriend (both 15) were threatened multiple…

Customer Question
HI - My son...

HI - My son and his girlfriend (both 15) were threatened multiple times via text messaging. My son's life was threatened 2x and his girlfriend received graphic texts of how they were going to rape her. A police case has been opened, an arrest happened, and restraining orders have been issued. I'm wondering if we can sue the parents for emotional distress?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

California. Texts started on 9/12

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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

It was a minor who was texting, who has since been expelled from the school.

Submitted: 10 months ago.Category: Family Law
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9/28/2017
Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,582
Experience: Knowledgeable in all aspects related to family law matters.
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Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Yes, California has statutes that relate to this. Under California Civil Code 1714.1: "Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”

So if you can prove the injury and you can prove that it was due to the willful misconduct of their children, the parents can be held liable in civil court.

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Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

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