Assault & Battery 17 year old broke my son’s jaw

[Anna Marie]

Jurisdiction

Texas

My XXXXXXXXXXX is 16. A 17 year-old XXXXXX my XXXXXX at school and broke XXXX YYYYYY. The other boy's mother is a %%%%% ^^ &&&&&& and 999 00000 is on the hhhhh sssss.

The Texas Safe Schools Act states the aaaa must be fffff. He received a womderul UUUUUUUU. I ddddd e dddood llliotr but would a lawyer be able to help me? If this vvvv stays in hhh comtorer we will have to move (there are only )) (((((s in this poporp sgh9dl). It's unfair that fu ion is the victim and we have to move.

 

[mightymoose]

The police report should lead to criminal charges against the attacker.

Visit an attorney to get help pursuing civil damages (doctor bills).

 

[army judge]

My XXXXXXXXXXX is 16. A 17 year-old XXXXXX my XXXXXX at school and broke XXXX YYYYYY. The other boy's mother is a %%%%% ^^ &&&&&& and 999 00000 is on the hhhhh sssss.

The Texas Safe Schools Act states the aaaa must be fffff. He received a womderul UUUUUUUU. I ddddd e dddood llliotr but would a lawyer be able to help me? If this vvvv stays in hhh comtorer we will have to move (there are only )) (((((s in this poporp sgh9dl). It's unfair that fu ion is the victim and we have to move.

You can contact an attorney and instruct the attorney to seek an emergency order of protection.

The EOOP will order your son's batterer to stay at least 1,000 feet away from your son.

That would keep the abuser out of the little high school.

If you think you can seek an EOOP on your own, you won't need to hire a lawyer.

 

[Disabled Vet]

We are hearing one side of the story. Did your son put his hands on the other kid ? Without knowing the facts its hard to say what should happen.

 

[shrinkmaster]

I agree we are hearing only one side and from a person not present I presume (The parent). Did you ask school or Board why the other child was NOT expelled in accordance to policy? If So what was reason? What roll did your child play in this? If any. Why do you or your child need to move if child remains in school? Its safe to assume they could see each other around town as well and the school is much safer than local Mall.

 

[Anna Marie]

Here's what happened -
REDACTED as per requet of OP....................

REDACTED as per OP for privacy concerns.

The foctue apparently was standing there the whole time. Heard every word. He obviously didn't think it was a serious conversation or he would have stepped in earlier. The hisa tr'88 statement matches my criteaor's exactly.

I asked to meet with the school board. They refused. I am supposed to file a complaint with the school. You only have 15 days to file a complaint or you will lose your right to do so. Found that out by chance. So I have a couple of days left but I want to make sure I do it right.

As I said, his blank is a REDACTED at the place and his beumble is on the CENSORED board (not allowed in state by the way).

If this boy stays in poolparty and we stay somewhere, hh has been given a clear message that he can attack ff gggand receive a clap on the fred.

Also, my eee had fff yurgeds yesterday and the PERSON said if he receives any additional money to the ccc in the next 0000 timmy it could cause severe nocansay. I ffff posk t89t.

 

[shrinkmaster]

Sounds like you already know procedure to follow so follow it. In mean time it wont hurt to consult a local Attorney but again removing this child or yours from school will NOT likely remove a chance of them seeing each other.

 

[Anna Marie]

Sounds like you already know procedure to follow so follow it. In mean time it wont hurt to consult a local Attorney but again removing this child or yours from school will NOT likely remove a chance of them seeing each other.

I agree. REDACTED at request of OP PRIVACY concerns

 

[Anna Marie]

ASKED TO BE REMOVED BY OP

REDACTED at request of OP

 

[shrinkmaster]

Let me ask why do you feel the need to leave? I understand your fears but kids usually work these things out better than adults. What is your fear remaining where you are? Have there been threats?

 

[zddoodah]

XXXXXXXX as requested by OP

I very much doubt that and wonder which specific section of the Safe Schools Act you believe mandates the expulsion of the other student based solely the act, and regardless of all other relevant facts and circumstances. Can you please identify the specific section that mandates this?

XXXXXXXX as requested by OP

Help you do what? If you're looking to sue the other boy and/or his parents, the answer is, of course, yes.

XXXXXXXX as requested by OP

First of all, I assume this is your son's self-interested version of the story. Second, as "shrinkmaster" mentioned, I assume you were not present, so you have no independent information beyond what your son told you. Third, it is probably safe to assume that the other boy would tell a story that is at least somewhat different from your son's story.

XXXXXXXX as requested by OP

What law in Texas do you think prohibits this?

XXXXXXXX as requested by OP

Nonsense. A 3-day suspension is hardly a slap on the wrist. Moreover, it doesn't require that you move.

XXXXXXXX as requested by OP

Then you should tell your son not to goad his friends into fights. Obviously, it's up to you if you want to teach your son that the best way to deal with an uncomfortable situation is to uproot yourselves and move.

 

[shrinkmaster]

Lets examine the event and I will inject my thoughts. I will use ( ) to do so.

Here's what happened -
They were at a track meet. My son said "Your handoff sucked." (OK so your child started this) This hurt the boy's feelings. (Of course it did)
The boy said "Like you suck ****. I should kick your ass." (His response to the verbal attack)
My son thought they were joking around. They were friends. (Your son makes an assumption which may be correct but in the heat of competition could be misread)
My son said "I'd like to see you try." (Could be considered provoking) Still thinks they're joking. (According to one source) This is not an unusual exchange as these boys play several sports and have several classes together. (Ok but not an excuse)
The boy approaches my son and pushes him. Ok first blow but did your child provoke action with his?)
My son pushes back and turns to walk away, providing an excellent shot at his jaw. (Had your son kept his hands to himself this might have ended different)
The boy punches my son in the jaw, breaking it.
At this point the track coach/athletic director grabs my son from behind and pulls him away. (My first thought here is why grab your child if the assault came from other?)
The coach apparently was standing there the whole time. Heard every word. He obviously didn't think it was a serious conversation or he would have stepped in earlier.( You assume but dont know)
The coach's statement matches my son's exactly.

I am not trying to discredit your childs version just shedding light in different area for you to look at.

 

[Anna Marie]

I very much doubt that and wonder which specific section of the Safe Schools Act you believe mandates the expulsion of the other student based solely the act, and regardless of all other relevant facts and circumstances. Can you please identify the specific section that mandates this?



Help you do what? If you're looking to sue the other boy and/or his parents, the answer is, of course, yes.



First of all, I assume this is your son's self-interested version of the story. Second, as "shrinkmaster" mentioned, I assume you were not present, so you have no independent information beyond what your son told you. Third, it is probably safe to assume that the other boy would tell a story that is at least somewhat different from your son's story.



What law in Texas do you think prohibits this?



Nonsense. A 3-day suspension is hardly a slap on the wrist. Moreover, it doesn't require that you move.



Then you should tell your son not to goad his friends into fights. Obviously, it's up to you if you want to teach your son that the best way to deal with an uncomfortable situation is to uproot yourselves and move.

XXXXXXXX as requested by OP

 

[Anna Marie]

Lets examine the event and I will inject my thoughts. I will use ( ) to do so.

Here's what happened -
They were at a track meet. My son said "Your handoff sucked." (OK so your child started this) This hurt the boy's feelings. (Of course it did)
The boy said "Like you suck ****. I should kick your ass." (His response to the verbal attack)
My son thought they were joking around. They were friends. (Your son makes an assumption which may be correct but in the heat of competition could be misread)
My son said "I'd like to see you try." (Could be considered provoking) Still thinks they're joking. (According to one source) This is not an unusual exchange as these boys play several sports and have several classes together. (Ok but not an excuse)
The boy approaches my son and pushes him. Ok first blow but did your child provoke action with his?)
My son pushes back and turns to walk away, providing an excellent shot at his jaw. (Had your son kept his hands to himself this might have ended different)
The boy punches my son in the jaw, breaking it.
At this point the track coach/athletic director grabs my son from behind and pulls him away. (My first thought here is why grab your child if the assault came from other?)
The coach apparently was standing there the whole time. Heard every word. He obviously didn't think it was a serious conversation or he would have stepped in earlier.( You assume but dont know)
The coach's statement matches my son's exactly.

I am not trying to discredit your childs version just shedding light in different area for you to look at.

XXXXXXXX as requested by OP

 

[shrinkmaster]

Then expel both! I am trying to be understanding but your only looking at one side and not putting ANY of this on your child or seeking info other than your childs point of view. by the way that recording MAY NOT be legal or admissible. You clearly have your mind made up and know what procedures to follow. So not sure what you need from us.

 

[army judge]

I spoke to the county attorney and while he was sympathetic he said it is almost impossible to get an order of protection against a minor.

LOL, okay.

By the way, I'm a retired TX District Court Judge.

It isn't illegal for a relative hot be employed by an ISD in TX.

In my area, a former principal and his 1st cousin are on a school board.

One has a spouse who is a principal, and two kids who teach in the district.

The other's spouse is an assistant supt.

Both have served at least eight years, and are running for reelection this year.

 

[Anna Marie]

LOL, okay.

By the way, I'm a retired TX District Court Judge.

It isn't illegal for a relative hot be employed by an ISD in TX.

In my area, a former principal and his 1st cousin are on a school board.

One has a spouse who is a principal, and two kids who teach in the district.

The other's spouse is an assistant supt.

Both have served at least eight years, and are running for reelection this year.

LOL, OK. I guess you know more than the Texas Education Agency.

Again, according to the TEA -

Can a person related to a school board member be hired? For example, could the district hire the wife of a school board member's nephew? If the school board does not approve non-professional appointments will it be okay to hire her?
Even if a school board does not approve a staff appointment, the nepotism law would still apply to the school board because the board has authority to approve or disapprove an appointment even if it doesn't actually do so. In other words, it could decide at any time to exercise that authority. However, under the nepotism law a person is considered to be related to a niece or nephew in the third degree. The nepotism law does not prohibit employing a person who is related to an officeholder in the third degree by affinity. A board member and the spouse of a board member's niece or nephew are related by affinity. Please refer to Sections 573.002, 573.024 and 573.025 of the Texas Government Code.

Please let me know where these school districts are so I can report them for breaking the nepotism rule.​

 

[army judge]

LOL, OK. I guess you know more than the Texas Education Agency.

Again, according to the TEA -

Can a person related to a school board member be hired? For example, could the district hire the wife of a school board member's nephew? If the school board does not approve non-professional appointments will it be okay to hire her?
Even if a school board does not approve a staff appointment, the nepotism law would still apply to the school board because the board has authority to approve or disapprove an appointment even if it doesn't actually do so. In other words, it could decide at any time to exercise that authority. However, under the nepotism law a person is considered to be related to a niece or nephew in the third degree. The nepotism law does not prohibit employing a person who is related to an officeholder in the third degree by affinity. A board member and the spouse of a board member's niece or nephew are related by affinity. Please refer to Sections 573.002, 573.024 and 573.025 of the Texas Government Code.

Please let me know where these school districts are so I can report them for breaking the nepotism rule.​

LOL

TX is a great place.

I only know what I know.

Others know what they know.

You'd be surprised what I've seen over the years, as far as who gets prosecuted, who gets a pass.

None of my business, I'm just a poor, old, Texas country boy.

All worked for the district for 25 years.

One retired, was hired as a consultant.

A few years pass, one runs for school board.

The other runs two years later.

One became an asst. supt. prior to either being elected.

Rule here is that relatives can be employed, but NOT under direct supervision of a close blood relative.

Husbands and wives teach at same school, as do their offspring.

The board has had this rule in place for decades, maybe five decades or longer.

 

[Anna Marie]

LOL

TX is a great place.

All worked for the district for 25 years.

One retired, was hired as a consultant.

A few years pass, one runs for school board.

The other runs two years later.

One became an asst. supt. prior to either being elected.

Rule here is that relatives can be employed, but NOT under direct supervision of a close blood relative.

Husbands and wives teach at same school, as do their offspring.

The board has had this rule in place for decades, maybe five decades or longer.

Relatives teaching at the same school is not the same thing. Not even close. Nice straw-man though.

The point I made, the thing that is specifically not allowed by the TEA, is a relative of a school employee being on the school board, with or without hiring authority. In our case they do have hiring/firing authority.

As for the other dude, don't remember his name, please stop giving people legal advice.
- Texas is a 1 party consent state.
- You think the boy who broke my son's jaw should not be expelled, but if he is my son should also be expelled for hurting his feelings.
An act having the elements of aggravated assault = expel.
Broken jaw = elements of aggravated assault. He made first threat. He made first contact.
Hurt feelings, even super hurt feelings not = elements of aggravated assault.
You lack basic logic.

This site is very hateful in general.

 

[army judge]

Relatives teaching at the same school is not the same thing. Not even close. Nice straw-man though.

The point I made, the thing that is specifically not allowed by the TEA, is a relative of a school employee being on the school board, with or without hiring authority. In our case they do have hiring/firing authority.

As for the other dude, don't remember his name, please stop giving people legal advice.
- Texas is a 1 party consent state.
- You think the boy who broke my son's jaw should not be expelled, but if he is my son should also be expelled for hurting his feelings.
An act having the elements of aggravated assault = expel.
Broken jaw = elements of aggravated assault. He made first threat. He made first contact.
Hurt feelings, even super hurt feelings not = elements of aggravated assault.
You lack basic logic.

This site is very hateful in general.

Look at this, an 8th grader was suspended for doing to another child what was done to yours:

Eighth grader attacked in class at local middle school

KISD doesn't tolerate violence of any kind.

All violators are prosecuted, if the parent wishes to do so.