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Elementary School Kids Elementary School Kids

A restraining order?

Posted by on Apr. 25, 2012 at 6:21 AM
  • 27 Replies

If your child were consistently bullied by the same kid over the course of 2 years....

If you addressed it with the school continuously over the course of 2 years....

If the school has, in the past, kept the two children apart by assigning different classrooms, etc...

If the school then REassigned them to the same class, and the bully boy chased your child with scissors and kicked your child in the chest and damaged his/her sternum...




Would you go so far as to file a restraining order against the child?

Do you think a judge would approve it?

Do you think the school can enforce it adequately?

Do you think this parent has another recourse (short of removing her child from the school altogether)?

by on Apr. 25, 2012 at 6:21 AM
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Replies (1-10):
jaytee
by Jen on Apr. 25, 2012 at 6:28 AM
Yes I would.

I'd hope the judge would approve it.

It might be a tad difficult but it could be done.

I'm not sure. It seems the parent has done all they can.
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endurablemist
by on Apr. 25, 2012 at 6:35 AM
2 moms liked this

I'm not sure exactly how the process goes for getting one, I luckily never had to do that. But in this case I would. You said 2 year, which would at least make them in 2nd grade, so about 7-8 years old. I'm not sure that anything would happen if this child would ignored the restraining order, where an adult could get arrested. But as a mother I would do anything to protect my girls, if I have been through the Schooll and they did nothing, the law would be my next step. I would not worry how the school would enforce it, and I would not worry about what the bully's parents would have to do. My kid would be safer, and that's what would matter to me!

m0m23b0ys458
by Member on Apr. 25, 2012 at 6:42 AM
1 mom liked this
This!

Quoting endurablemist:

I'm not sure exactly how the process goes for getting one, I luckily never had to do that. But in this case I would. You said 2 year, which would at least make them in 2nd grade, so about 7-8 years old. I'm not sure that anything would happen if this child would ignored the restraining order, where an adult could get arrested. But as a mother I would do anything to protect my girls, if I have been through the Schooll and they did nothing, the law would be my next step. I would not worry how the school would enforce it, and I would not worry about what the bully's parents would have to do. My kid would be safer, and that's what would matter to me!

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auroragold
by on Apr. 25, 2012 at 6:48 AM


Quoting endurablemist:

I'm not sure exactly how the process goes for getting one, I luckily never had to do that. But in this case I would. You said 2 year, which would at least make them in 2nd grade, so about 7-8 years old. I'm not sure that anything would happen if this child would ignored the restraining order, where an adult could get arrested. But as a mother I would do anything to protect my girls, if I have been through the Schooll and they did nothing, the law would be my next step. I would not worry how the school would enforce it, and I would not worry about what the bully's parents would have to do. My kid would be safer, and that's what would matter to me!

I said over the course of 2 years - it actually happened when they were in 3rd and 4th grades

endurablemist
by on Apr. 25, 2012 at 6:52 AM

I just meant that they were at least 7-8, since I didn't really know, just to get an idea.  And since I assumed wrong here and they are in fact older, I would not hesitate getting one!

Quoting auroragold:


Quoting endurablemist:

I'm not sure exactly how the process goes for getting one, I luckily never had to do that. But in this case I would. You said 2 year, which would at least make them in 2nd grade, so about 7-8 years old. I'm not sure that anything would happen if this child would ignored the restraining order, where an adult could get arrested. But as a mother I would do anything to protect my girls, if I have been through the Schooll and they did nothing, the law would be my next step. I would not worry how the school would enforce it, and I would not worry about what the bully's parents would have to do. My kid would be safer, and that's what would matter to me!

I said over the course of 2 years - it actually happened when they were in 3rd and 4th grades

 

La_Vie_en_R0se
by Member on Apr. 25, 2012 at 10:41 AM
1 mom liked this

Something similar happened with my oldest DS.  He is 14 now, though the bullying was emotional and verbal, not physical.  Still it took a huge toll on him.  I was a teacher at the time, though not in the same school by DS attended but I knew the laws in my state and what the school was required to do to keep him safe.  I wrote a letter to the school stating that if that child was ever, ever placed in the same classroom as mine again I would not hesitate to sue them.  It was to the point where my 10 year old was threatening suicide and had to get psychological help. The bullying had gone on for 4 years, off and on.  They were placed together in 1st, 2nd, and 4th grade.  He had a good year 3rd grade when they were not placed together.  His school is K-8, and you know what?  They have never been in the same class since.  Even in the middle school, when he has all different teachers, they are not in any classes together.  I am not concerned about next year when he goes to high school, as I do not think they are in the same type of classes, but also the bully seems to have changed their ways. 

If my son were physically assaulted, or my DDs for that matter, hell ya I would look into a restraining order, and I would make damn sure the school knew what I would do if they were placed together again. 

The school can move the child to a different classroom at the very least.  And it should NOT be you child that has to switch.  That may be what they suggest, but the other child should be moved.  Do you know your states bullying laws?  Where I live they are pretty clear because we had a young teen commit suicide years back, and his father became a parent advocate.  Very sad story.  But it has changed the way schools will respond to "bullying", especially if they are dealing with parents knowledgeable in the laws



La_Vie_en_R0se
by Member on Apr. 25, 2012 at 10:44 AM
1 mom liked this

Also, the parent can contact the police if an assault takes place.  It does not have to be just the school that gets involved.  That is where I would start anyway. 

blue52
by on Apr. 25, 2012 at 3:12 PM
There should be a link to the article/national news. What I read and understood was she is trying to get the court order on the incident that happened last May (2011)....

In my opinion she hasnt done enough.....its not surprising they are suing right before the one year deadline.

Why????? Would you allow your child to be in the same class this year (months).....and just now do something????

If she feared her childs safety and the school did nothing its the parents responsibilty to take whatever steps necessary to protect her child..and yes remove her from the school system!

My son was mistreated abused in school by his teachers. After a medical leave due to severe school stress. The school could not guarantee his safety or that it would continue...I removed him and started homeschooling....
CrazedMomof2
by on Apr. 25, 2012 at 4:12 PM

 If that was the last course I had to take to protect my child you bet I would try...............

Hottubgodess
by on Apr. 25, 2012 at 4:20 PM
1 mom liked this
I am going up the food chain right now. :).

I would file a police report and a state complaint. I would be in the superintendents office with documentation and my child.


Quoting La_Vie_en_R0se:

Also, the parent can contact the police if an assault takes place.  It does not have to be just the school that gets involved.  That is where I would start anyway. 

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