Assault by a 15 yr old

[otilam]

What is the name of your state? Arizona

My niece was in a fight at school yesterday. It was after school and she was in the car with a friend who was going to give her a ride home. Another girl, with whom she has been having problems with, stepped in from the car and started calling my niece some names and telling her to get out of the car. My niece, using bad judgement, did get out of the car and they had some more words. The other girl then turned around and my niece pulled her hair and they started fighting. The other girl ended up with scratches on her face and a busted lip. my niece had no visible injuries. Neither the school nor my parents (my niece's gardians) were aware of the fight until later. The girl went to he hospital and pressed charges. The police went to my parents' house and arrested my niece last night. She was released but the charges still stand. The school has surveilence camaras in the parking lot which caught the fight on film. They have been suspended, and rightfully so, but there is still the question of the criminal charges.

I understand that it was wrong of my niece to get out of the car and throw the first punch but it is clear that the other girl instigated the whole thing. Another thing is that the girl is 18 and my niece is 15. My father wants to counter sue the girl. My question is what should we be prepared for in court and is it a bad idea to counter sue?

 

[Neal1421]

What is the name of your state? Arizona

My niece was in a fight at school yesterday. It was after school and she was in the car with a friend who was going to give her a ride home. Another girl, with whom she has been having problems with, stepped in from the car and started calling my niece some names and telling her to get out of the car. My niece, using bad judgement, did get out of the car and they had some more words. The other girl then turned around and my niece pulled her hair and they started fighting. The other girl ended up with scratches on her face and a busted lip. my niece had no visible injuries. Neither the school nor my parents (my niece's gardians) were aware of the fight until later. The girl went to he hospital and pressed charges. The police went to my parents' house and arrested my niece last night. She was released but the charges still stand. The school has surveilence camaras in the parking lot which caught the fight on film. They have been suspended, and rightfully so, but there is still the question of the criminal charges.

I understand that it was wrong of my niece to get out of the car and throw the first punch but it is clear that the other girl instigated the whole thing. Another thing is that the girl is 18 and my niece is 15. My father wants to counter sue the girl. My question is what should we be prepared for in court and is it a bad idea to counter sue?

It doesn't matter that the other girl instigated the fight, your neice could have easily stayed in the car and left. Your father can sue whomever he chooses however I don't think he will win.

 

[outonbail]

My father wants to counter sue the girl. My question is what should we be prepared for in court and is it a bad idea to counter sue?

Counter sue? Is the other girl suing your niece or parents? If so, I imagine it would be for medical expenses generated as a result of the fight and pain and suffering. Which, according to your post, this girl has suffered.

However, according to your post, your niece hasn't suffered any damages whatsoever. So what is it your father plans on suing this girl for?

In 99.9 percent of these type of cases, everyone throws a bunch of money into a sour grapes law suit and they don't realize how stupid it was and what a waste of money it turns out to be, until it's all over and no one wins anything except for maybe their actual medical expenses, which couldn't amount to much considering the extent of the injury.

Don't make this mistake. The best thing is to get past this as fast as possible, so these girls can get back to concentrating on their studies, which is why they're in school in the first place.

See if your parents can't talk with the other parents and work something out without the courts getting involved. Tell your father to drop the tit for tat attitude and try to reach an amiable agreement with the other family and arrange for the girls to discuss their problems with each other, then kiss and make up. Unless your parents have a whole bunch of money and they like to throw it away on fruitless pursuits, that will only serve to build the animosities which already exist between everyone involved.

 

[BelizeBreeze]

What is the name of your state? Arizona

My niece was in a fight at school yesterday. It was after school and she was in the car with a friend who was going to give her a ride home. Another girl, with whom she has been having problems with, stepped in from the car and started calling my niece some names and telling her to get out of the car. My niece, using bad judgement, did get out of the car and they had some more words. The other girl then turned around and my niece pulled her hair and they started fighting. The other girl ended up with scratches on her face and a busted lip. my niece had no visible injuries. Neither the school nor my parents (my niece's gardians) were aware of the fight until later. The girl went to he hospital and pressed charges. The police went to my parents' house and arrested my niece last night. She was released but the charges still stand. The school has surveilence camaras in the parking lot which caught the fight on film. They have been suspended, and rightfully so, but there is still the question of the criminal charges.

I understand that it was wrong of my niece to get out of the car and throw the first punch but it is clear that the other girl instigated the whole thing. Another thing is that the girl is 18 and my niece is 15. My father wants to counter sue the girl. My question is what should we be prepared for in court and is it a bad idea to counter sue?

Your father is an idiot. He will be lucky if HE isn't sued.