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Juvenile Assault
Texas
Last friday my daughter got in an argument with her best friend at school. It got very heated and loud. A teacher went into the hallway and told them to go to class. My daughter was holding a dry erase board (teacher used that as a hall pass) and as she walked off she threw it. She was very upset. She went directly to the counselor's office, because she was upset that her and her friend were fighting. She didn't know that when she threw the board, it hit the teacher behind her in the head. The school principal got her out of the counselor's office and told her what she had done. She was very, very upset that she had done that since that was also her favorite teacher.
The school had me come pick her up. They said they had no intentions of filing charges, since they knew she did not intend to hit the teacher. They were suspending her from school for 3 days since her actions did result in a teacher getting hit. I was in agreement of their assessment, and I took her home. This was friday feb 26th.
On Tuesday, March 2nd, the school called me and told me they reviewed the video and feel that she intended to hit either the teacher or her friend and the campus police officer will be writing a ticket for assault. I tried to argue that since they said on Friday they saw the video and didn't think she had tried to hit the teacher.
The school refuses to let me view the video because she states that other students are in the video. Is this right?
Her friend and the teacher have both said they didn't think that my daughter tried to hit them with the dry erase board.
She had gotten a previous ticket for disorderly conduct for fighting and was ordered to go to anger management courses by the judge, which have not yet been completed since we are waiting on scheduling from the facility.
I am not one of those parents who think their children can do no wrong. I know that she should not have thrown the dry erase board, but I do not think this constitutes an assault. Am I wrong? Can juvenile cases be tried like adult cases?
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Re: Juvenile Assault
If they prosecute, your daughter's lawyer will be able to get access to the video. You may be able to get access through the administrative appeals process with the school, if you appeal her punishment as given by the school.