[Angelia_04]

I have a situation where another kid got out of his chair during class, walked over to my Son and hit him twice knocking him unconscious. They are both 14. My Son does have a mouth sometimes which He shouldn't and is many times responsible for the pain He brings on. But He is very honest with me and told me how this unfolded. Evidently this kid heard my Son and another talking about a friend of his thinking they were talking negatively about him. My Son said He thought nothing of it when this other kid told Him to shut up since they weren't saying anything negative. He said He thought maybe the other kid was kidding.
Before He knew it He was down on the floor and had taken two blows to the temple. He awoke after being knocked unconscious and had a severe headache and was dizzy for about the next 6 hours. This particularly scares me since we have had an incident in our extended Family where an individual was actually killed by just ONE blow to the head. I take this very serious and believe this is not something we should tolerate in our schools. It appears there are many states do have zero tolerance laws against violence towards a teacher or other staff. What about the kids??? Isn't this battery? My ex wife wanted to press charges and was told she couldn't! Is this true? Oh yes, The state is FLORIDA!
I almost did forget. My Son did see Him coming and did say to the kids "Hit Me!". But it was only because He knew He was going to get hit anyway because of the way the kid came after Him and it was not meant as a challenge. My Sons personality does not allow for that type of aggression and He is VERY soft.
Isn't this kid guilty of Battery against my Son and can't my ex press charges???

[cyjeff]

I have a situation where another kid got out of his chair during class, walked over to my Son and hit him twice knocking him unconscious. They are both 14. My Son does have a mouth sometimes which He shouldn't and is many times responsible for the pain He brings on. But He is very honest with me and told me how this unfolded. Evidently this kid heard my Son and another talking about a friend of his thinking they were talking negatively about him. My Son said He thought nothing of it when this other kid told Him to shut up since they weren't saying anything negative. He said He thought maybe the other kid was kidding.
Before He knew it He was down on the floor and had taken two blows to the temple. He awoke after being knocked unconscious and had a severe headache and was dizzy for about the next 6 hours. This particularly scares me since we have had an incident in our extended Family where an individual was actually killed by just ONE blow to the head. I take this very serious and believe this is not something we should tolerate in our schools. It appears there are many states do have zero tolerance laws against violence towards a teacher or other staff. What about the kids??? Isn't this battery? My ex wife wanted to press charges and was told she couldn't! Is this true? Oh yes, The state is FLORIDA!
I almost did forget. My Son did see Him coming and did say to the kids "Hit Me!". But it was only because He knew He was going to get hit anyway because of the way the kid came after Him and it was not meant as a challenge. My Sons personality does not allow for that type of aggression and He is VERY soft.
Isn't this kid guilty of Battery against my Son and can't my ex press charges???

Absolutely. Who told you that you couldn't press charges?

[Angelia_04]

It was the school who told Her that and I figured they didn't want any trouble. My ex wife tends to roll over pretty easily and SHe thinks She's powerless.

[aardvarc]

School schmool - someone needs to file a report with police asap.

[Angelia_04]

Okeyyy!!! I went to the Schoold today and met with the Police Officer on duty there, The Dean and a counselor. The Police Officer told me He couldn't do anything since my Son said "Hit Me". My Son never raised a hand and never budged from his seat and the "Hit Me" was as if to say, "I know it's coming so get it over with". No matter how it happened I feel along with so many that the law is clear and absolute as to what Battery is. This Police Officer chooses to interpret it His way. It would be interesting to know at this point how many kids have been killed in school as a result of being hit in the head whether provoked or not.
Right now I feel SOMEBODY is in some sort of violation as the result of this whole thing as this kid gets a three day suspension for throwing a punch that could have killed my Son and the amount of Bullies who observed this happen to my Son thinking THEY themselves can get away with it now have probably doubled.. What happens to a kid that beats up a Teacher??? I'll bet it's more than a three day suspension.
What can I do? Can I sue anyone here? The Police Officer did say He would file a report at the end of the day but never even asked me to confirm my name or sign anything. He gave me a report number in which we can get a copy of within 3-5 days so He says. At this point I'm wondering if He'll truly even file a report. What if He doesn't? What do I have to do? Nothing can even begin without it, Right?
Is the Police Officer legally liable to file the report? There was also another incident before this where my Son never said a word to the perpetrator. Not quite as serious, But fits a light Battery charge. I asked them to act on that and they said they'll try but I don't beleive them. I think the only way I'll get anywhere at this point is with an Attorney. As far as I am concerned this school is a political tool for the politicians. I say this because they are the ones who take kids that aren't making it in the regular Public Schools. They lay claim to glorious success in turning kids around and guaranteeing a safe learning environment for the kids. But I think there are things going on here that the general public never hears of.
So PLEASE......Anyone aware of a good Attorney for this case in the Orlando area that is willing to work with us financially speaking, Please direct them to us in a private message or leave us their information?

[6ftsoccermom]

This will be a quick response, but when the incident first happen, the police should have been called and not the school police...The Real Police. A lot of times schools have in house police and security that are not equipped to handle violence on some scales and tend to sweep things under the rug. As a parent myself, there have been a few times that the real police were called to the school for certain incidents and believe me, folks were spilling their guts. Violence in schools is never a good thing. Most parents worry about it with good reason. I hate to say this too but if nobody is willing to come forward on your sons behalf that was present when the incident happen and if its your sons word against the other child....pretty much nothing will happen. Most law enforcement groups have the "I have to wait till something happens" attitude before they will move on anything.

[cdwjava]

the police should have been called and not the school police...The Real Police.

At least out here, the school district police IS the real police. If the district has a police department, they are the agency that has jurisdiction and the "real" police would not respond.

- Carl

[cdwjava]

No matter how it happened I feel along with so many that the law is clear and absolute as to what Battery is.

In most states it is defined as an unwanted striking or laying on of hands ... that is arguable since he apparently said, "Hit me." It can easily be argued that no battery took place. But, the officer said he was going to write it up anyway ... and it likely will not go anywhere in the justice system, so the only punishment (if any) will likely come from the school.

What can I do? Can I sue anyone here?

You can sue anyone for anything at any time. The question is: Do you have a viable claim?

If there are injuries, you can certainly sue the child who hit your son. I doubt that anyone else has any liability, though. The only one responsible for the assault is the person who committed the assault.

The Police Officer did say He would file a report at the end of the day but never even asked me to confirm my name or sign anything.

He doesn't have to. You are not a victim or a witness.

He gave me a report number in which we can get a copy of within 3-5 days so He says. At this point I'm wondering if He'll truly even file a report.

If he gave you a case number, he's kind of on the hook to write something.

What if He doesn't? What do I have to do?

You call his supervisor who will get on him to write the report.

Writing a report does NOT mean that ANYTHING more will happen, though.

Is the Police Officer legally liable to file the report?

No.

- Carl