Archer, FL asked in Domestic Violence for Florida

Q: How to file a restraining order again child who threatened my child?

Bully child- age 8- threatened death with "her daddy's gun" to my daughter- age 7- at their shared elementary school. Since the school/school district have refused to remove girl from school, how do I get a restraining order against her? What would the school's obligation look like, day to day, carrying this out.... assuming the R.O. was enacted?

Related Topics:
1 Lawyer Answer

A: Expulsion from school is not the only remedy that the school has available. The bully, and her parents, should be talked to and perhaps the bully should be disciplined.

To answer your question, you would hire an attorney, who would file an application for such a restraining order with the court. Assuming such an order was granted (and it is extremely doubtful that it would be; school-yard threats of this nature happen in every school all the time), the school would have no responsibility to enforce the order.

If the school has not taken this threat as seriously as you feel it should have, your best option is to enroll your child in another school.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.