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Category: Legal
Satisfied Customers: 180
Experience:  All information given by me was for ENTERNTAINMENT PURPOSES ONLY -No legal Advice was provided.
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my child is 8 year old girl and was outside playing and a ...

Customer Question

my child is 8 year old girl and was outside playing and a 12 year old boy was taunting her(name calling) and she threw a stick at him and his mom had the sheriff come to my house and charge my daughter for criminal charge ..we all live in the same apt. complex can i get a restraining order on the kids that taunt her ..i ask the police officer and he said just keep her in the house..what is my child rights since they know she is file with charges and any move she makes she can get in big trouble....
Submitted: 9 years ago.
Category: Legal
Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 9 years ago.
What were the criminal charges filed? Any paperwork or citation issued? And, also, has your child been in trouble at school, or elsewhere for the same behavior. What about the 12 year boy? What is known about his past behavior?

Customer: replied 9 years ago.
my child has never got into any trouble in school..we just move down here about 7-8 months ago...all the older kids like to taunt her and she defends herself ..i have asked them to leave her alone but they don't...i have step up to the plate and talk to some of the parents but nothing(not this boy)i am going to move when my lease is up because i feel trap here and there is no justice..i have never been through this...i do not know any one down here and i feel that they will never leave her alone ..the officer said it was a criminal charge because there was a mark on his eye and they went to go find the stick/twig that she threw at him for for the boy background i do not know...i told the officer he can check her school to she that she is a nice girl but he said no he has all the witness (all the kids from the apt complex)saying she is bad..i really do not think that this is fair because these people have all been living here and been friends for about 5-7 years...and they are all going to stick together..and he also said if she did not said sorry he would of hand cuff her taken her away because it is a criminal case...i just really do not know what to do..
Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 9 years ago.
I know you do not want to hear this, but this seems like a case of "children will be children." If you were not told what the actual criminal charge was, I seriously doubt there was one. If there was, police officer made the charge. To PRESS charges is up to the DA/Prosecutor, and it is highly unlikely any charges will made against your daughter.

Actually, the police officer was giving you some helpful legal advice. It appears by saying to keep your child indoors, that wold mean be sure that your daughter does have another "incident" while the DA/prosecutor is deciding to PRESS charges. If your daughter has not been in serious trouble, this is very likely to go away, and no official charges will be filed. This is very rare for the circumstances you presented. I also agree with you that it would be a good idea for you to move once your lease expires, and move into a much friendlier school district.

Do make sure that your daughter is not in a position to make the same mistake again. That is when I believe you will have something to worry about. Not now though, jut try to keep your daughter out of trouble, and you will see the charges dropped, if, like I said, any were ever made in the first place.

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