Thursday, December 31, 2009

Can a parent file a restraining order against a school bully in Texas?

A girl in my daughters school has been harassing her for several years now and I am fed up. The school doesn't seem to care and I need to know my legal options to take care of this situation.Can a parent file a restraining order against a school bully in Texas?
Yes you can! I researched this for youand your answer is on pg 3. Read the whole document to get a better idea of what your school is not doing that they should do for student safty and print this doc. and take it with you to speak to the school officials and the police. Good luck!





http://tcfv.org/pdf/hb121/A%20Guide%20to鈥?/a>Can a parent file a restraining order against a school bully in Texas?
Talk to an attorney because you might not be able to file a restraining order against a child, but you can file a lawsuit against the school for failing to protect your daughter..
From what I understand from your limited facts, most likely your child is not eligible for a restraining order (known as a protective order in Texas). Protective orders are generally limited to persons with a family relationship, which I don't believe is present here. More information about protective orders can be found in the link below.





http://www.oag.state.tx.us/victims/prote鈥?/a>





Texas also has a dating violence law that another poster mentions. It doesn't seem relevant here. I assume, for the sake of discussion, that your daughter and the bully did not date.





Have you spoken and written to the school district and the school board yet? Under the Texas Bullying Law, at your request, the board of trustees of a school district or the board's designee must transfer the victim to:


(1) another classroom at the campus to which the


victim was assigned at the time the bullying occurred; or


(2) a campus in the school district other than the


campus to which the victim was assigned at the time the bullying occurred.





The Texas Bullying Law can be found in section 25.0341 of the Texas Education Code. A link to the Texas Education Code is below.





http://tlo2.tlc.state.tx.us/statutes/ed.鈥?/a>





If your daughter is threatened with any harm, her bully may also be subject to the Texas Stalking Law. More information about the Texas Stalking Law can be found at the link below.





http://www.oag.state.tx.us/victims/stalk鈥?/a>





My advice to you is to document everything. Keep a journal of all the communications the bully makes to your child, including the time/date of the communication and the type of communication that was made.





If the school district and the school board does not honor your request for at least an investigation into the bullying, then I suggest you seek legal counsel to discuss your options for recourse.
yes u can file a restraining order but if they are at school it can only be a small restriction.......
I would just go into the police department and talk to someone about your options. How terrible that the school is ignoring the issue! Here in michigan the schools have very strict rules about bullying- you dont even want to be suspected of being a bully at the schools here..
Teach your daughter how to verbally and physically fight. Thats the only way to settle someone down. I had all the girls in my middle school bullying me over the most popular guy in school which happend to be my best freind but girls felt threatned and so I had to stay after school in D hall until the coast was clear. When Mom found out, she beat the crap out of me to teach me a lesson on being a puss-y. The next day (with the blessing of my Mexican mom) I started beating up one by one until they all stopped. Childish..maybe...but they know not to mess with me now.


p.S. alleys work best where witnesses dont exist.
Do you want me to ';take care'; of the bully? ;)





Not a very smart bully, don't a lot of people in TX carry guns? I do!





Bullies just usally need a good solid punch to the nose to make them re-think who they pick on. It always worked for me, but then kids shoot kids these days. Scary!
Sounds reasonable. But it won't be on the school to enforce it. It would be a police matter then.
YOU HAVE NOTIFIED THE SCHOOL, THAT MEANS THE TEACHER AND PRINCABLE. THEY ARE DOING NOTHING. NOW YOU NEED TO CALL THE BOARD OF EDUCATION. IF THEY DO NOTHING THEN YOU NEED TO START TALKING TO A LAWYER. you can then sue the board of education and the bully and his parents. try asking for a meeting with the bullys parents. if that does not work call a lawyer and start suing. good luck.

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