Protection from Bullies
Most children meet their bullies at school. Bullies exist at private schools and public schools. Sometimes the school's hands are tied based on their disciplinary policies and rules. In some private schools, other factors and influences may be at play too.
Parents and students don't have to rely on schools for protection. Law enforcement and the courts are an option. Parents can go to court and seek protection for their student and child. The court can issue a restraining order against the bully.
The bully can be limited from contacting your child and can even be excluded and removed from your child's school.
Removing the bully from school by Protection Order
The Legislature has given the courts and parents a legal tool for protecting their child from harassment and bullying. If your minor child is the victim of harassment and a reasonable parent would be concerned for their child's well-being, the court can issue a protection order. A protection order can restrain the bully from contacting your child directly or indirectly. A protection order can restrain the bully from going near your home or anyplace where your child may be. A protection order can also restrain the bully from attending your child's school.
Getting a Protection Order
Seeking to have a minor respondent removed from your child's school is a big request of the court. Even thought the law authorizes a judge to remove a student bully from school, the judge might be hesistant to do so. The judge might instead want to impose distance restrictions or something less interruptive to the schooling of the respondent.
A minor respondent has certain rights in a protection order proceeding. Most parents of minor respondents hire an attorney to help them assert those rights. The parents of juvenile respondents, usually do not want their child removed from school. Removal from school is a significant disruption to the parents and the minor respondent. Because the stakes are so high for the minor respondent, the family will usually seek help from an experienced attorney.
If the minor respondent has an attorney, the playing field is not level. Removal from school of the minor respondent who is bullying your child is not a foregone conclusion. The judge who is asked to protect your child from the bully will give very careful consideration before ordering removal from the school.
It is important to properly present all relevant facts to support a request for maximum protection for your child. The steps parents have taken and the facts must meet the legal definitions of harassment. There are some legal loopholes that sometimes defeat a request for a protection order. Attorneys who have experience with protection orders, criminal laws and school discipline are the most well-versed in the issues the come up in protection order cases.
What We Do
At Burke Brown Attorneys, PLLC we have years of experience representing child and parents in protection order proceedings. Criminal laws and school discipline are closely related to these proceedings as well. We provide holistic advocacy to find the best legal solutions. We know the ins and outs of protection order proceedings for kids who are being bullied. We can help you protect your child.
Please feel free to contact us at (206) 933-2414.