[DW1970]

Today my 14 y/o daughter received a Notice of Hearing Prior to Injunction Against Harassment. State of Arizona, County of Maricopa, to appear in city court.

Per the order, if it is awarded, my daughter will have to remain away from school and the address of the plaintiff.

Questions:

The child whose parent filed the request for the order states the following:
1 - My daughter and another student are accused of writing on the bathroom wall at school remarks about this particular student. This student claims she witnessed the girls do this. She went home and reported to her mother who reported the incident to the school. My daughter did confess to writing the words "me too" on the bathroom wall in washable marker two days before this particular incident, then when a teacher walked in, the girls were told and did wash the writing from the wall. At that time no punishment was brought against either girl (my daughter and a different student than noted above). There was at the time of the washable marker incident no writing on the wall regarding the accusing student. Actually, my daughter had told me about the washable marker incident the day before in a conversation we were having about something else. I warned her about getting herself into these kinds of situations and told her off for writing on the wall even in washable marker.

2 - Next day before school - the accusing student states that my daughter and her friend approached her. She states my daughter got in her face and called her a b*tch and a snitch while my daughters friend was standing behind her (the accusing student).
My daughter says: the afternoon before the sister of the accusing student approached her and her friend asking "what's this about writing about my sister on the bathroom wall?" My daughter and her friend stated they didn't know what she was talking about and the sister stated that the accusing student and the mother were in the office right then. On the day in question before school the accusing student appeared in the park where my daughter was and my daughter and her friend did approach the accusing student and confront her about saying things to people about them writing on the bathroom wall. The accusing student denied saying anything. A teacher approached and asked if everything was alright - the accusing student said "no" my daughter and her friend said we were just talking, and left the area. My daughter and her friend were immediately called to the principal's office and were suspended for 3 days stating that she wrote on the wall with permanent marker.

3 - On return to school: The accusing student states that the day my daughter and friend returned to school, that my daughter and her friend approached her after school and threatened her and her sister, teased her, and called her a snitch.
This was reported to the parent by the accusing student and in turn to the principal - my daughter and her friend were suspended for 5 days.
My daughter states: She WAS at the park when the verbal altercation took place but was not actually involved. The friend, however, was involved in a verbal altercation whereby she admits to calling the accusing student names, and stating that if she kept running to her sister and she happened to get jumped one day, so would the sister. The friend admits to this and even states in writing to the schoo that my daughter was not involved. Many other students who witnessed state the same, my daughter was not involved. The parent of my daughter's friend also states the same - my daughter was just there (actually so were two of my other daughters who also say my daughter was not involved).

Now we have to appear in court for this hearing.

I am not sure of what we are expected to do at the hearing - do we bring witnesses? Should she write an answer to the accusations? do we need an attorney?

If the order is granted, what do we do about school? Does my daughter get kicked out? Does this go on her record? Is she a criminal?

I can find all kinds of information about what to do to GET an order, but nothing on what to do to keep from getting one against you...

Any help is appreciated.

Thanks!

[seniorjudge]

You need to hire a lawyer as soon as possible.