Assault & Battery Student sex assaults student on school premises, can victim get RO in school?

[MEtherapist]

A 16yo female sexually and physically assaulted by another student. Sexual assault case is pending. Assault (separate occasion) took place on school grounds. Alleged offender and victim still attending same school. Victim (Jr) only goes to school 2 days/week due to stress/anxiety/fear caused. Alleged offender parks next to her car and waits for her at the end of school. Victim reports alleged offender continues to text her. School says they cannot do anything.

Is this true? School informs victim that a Restraining Order would not be valid in school. It does not seem right that she should continue to be unprotected and vulnerable.
Any guidance, information or direction woud help so that this person doesn't need to continue to suffer or rearrange her life.

 

[john39]

Hi

I am not a lawyer,so take what I say with reserve.I suspect members here who are legal professional will assist you too,and I would advice you ,in advance ,to always take the opinion of a legal professional over mine.

No,it is not true.The School has to respect the restraining order.

I suspect you have not obtained restraining order for your child yet?In order to get it go to your courthouse see the courts clerk. Ask for Temorary Restraining Order (TRO) papers and fill them out.You will have to state the reasons why you want a restraining order and a judge will review it and agree IF there is a good reason to issue one.

If the Judge grants the order, a copy will be served on the restrained student and his parents (or legal guardian).

The restrained person (his guardian) can contest the order in court.

The judge will take in consideration the fact that both students go to same school.

The judge will make his decision considering all the facts/circumstances.

The Judge might restrain the student from verbally abusing your child, either directly or through telephone, cell phone, letters, instant messaging, e-mailing... other electronic means.

It would probably also would require the student to stay at least X... feet from your child ,and X...feet away when they are in school,or as may be required for reasonable access for attendance to classes.

I am not surprised that the school says they can't do anything and restraining orders are not valid in their school.

I think there is ton of incompetent people in the high ranks of school districts.

Did they say,what they said,to you,in writing?

If yes,and if I was you ,and I had such letter I would take that letter to an attorney to inquire about civil liability of the school,for failing to keep a child safe.

So,that is my opinion.Please go to an attorney and get proper legal advice.

It is very simple question and I don't think an attorney will charge you any fee to give you an answer

 

[army judge]

A 16yo female sexually and physically assaulted by another student. Sexual assault case is pending. Assault (separate occasion) took place on school grounds. Alleged offender and victim still attending same school. Victim (Jr) only goes to school 2 days/week due to stress/anxiety/fear caused. Alleged offender parks next to her car and waits for her at the end of school. Victim reports alleged offender continues to text her. School says they cannot do anything.

Is this true? School informs victim that a Restraining Order would not be valid in school. It does not seem right that she should continue to be unprotected and vulnerable.
Any guidance, information or direction woud help so that this person doesn't need to continue to suffer or rearrange her life.

The link below will take you to a website that explains protective orders in Maine.
Your restraining order enjoins the offending party (the perpetrator) from approaching your child (the victim), even in school.
Bottom line: The attacker should be excluded from attending school.
I suggest you go back to the judge and inform him/her what the school told you.
I bet you get a remedy and some respect for his/her honor's order very quickly after that!

That said, you might be best served to remove your child from the school for the time being.
I am sure you could get the school to go along with some type of home schooling or assisted home schooling.
I suggest you discuss and investigate your options.
I wish you and your child well!


http://law.findlaw.com/state-laws/protective-orders/maine/

Activity Addressed by Order Enjoin contact; exclude from dwelling, school, or work; support regarding minors: temporary custody, visitations; counseling, court costs and attorney's fee; prohibition from possession of a firearm; order termination of a life insurance policy

 

[john39]

Here is couple of links I found

http://www.wmur.com/r/23490201/detail.html

http://www.wral.com/news/local/story/143887/

Restraining order laws in those two states (NH and NC) are almost identical to Maine

Hope it helps

Go get them

 

[CdwJava]

Does the restraining order specify a distance he must remain away from the girl? Does it specify no communication? If any of the elements of the order have been violated, report it to the police immediately.

And the school may not think they can enforce it, but the police likely can. If he is within the prohibited distance of her at the school, she should go to the office and report the violation. The school may not do anything, but the police or the court might.

However, if the restraining order were issued with language permitting incidental contact at school, or not prohibiting communication or distance barriers, then there may be nothing that can be done until he violates whatever prohibition is listed (which might simply be overt harassment).

The bottom line is that he is legally required to follow the terms of the court order, period.

 

[mightymoose]

Part of the problem here is that the alleged offender has not yet been convicted of a crime. Forcing him from school prior to such conviction is problematic unless school officials have independent knowledge that they can act on under school regulations.

Absolutely get the restraining order. This kid likely won't be able to control himself and won't take long to violate it. When he does violate the order it will be easier to get him removed from the school if he has not already been.

Until you have the restraining order nobody will do anything.