San Lorenzo, CA asked in Criminal Law for California

Q: What are my rights when my child has been physically abused by a parent of another student in school property?

My 11 year old son was attacked by the parent of another student. This happened at a public California school during school hours. The parent choked and then threw my son on the floor, he threaten him and then ran away. Police, principal, and school superintendent are all involved in the case. I no longer feel safe taking my child to that school but it is the only middle school in the district. I am under a lot of stress trying to figure out what's the best thing to do in my son's part.

I feel that school and police are pushing for us to meet up with the abusive parent and try to make amends without pressing charges.

What can I do in this situations? What are my rights? At times I feel like the school system has fail us keeping him safe. And it's frustrating when they can't accommodate him access to another school where he will feel safe.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need a lot more info.

no one can guarantee the protection of our children........just look at shootings in schools?

you can go through the administrative proceedings, teacher, principal and school board.

you can request the police arrest the "bad dude"..........assault and battery on a child; child abuse etc

you can also go civilly and file in small claims for damage to your kid and ask for up to $10k. However, you have the burden of proving that was the kind of damage he sustained...........by doctors reports etc

Dmitry Gorin and Wais Azami agree with this answer

Wais Azami
PREMIUM
Wais Azami
Answered
  • Criminal Law Lawyer
  • Garden Grove, CA
  • Licensed in California

A: This is not a criminal law question. Please post this under civil law.

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