PA law juvenile harassment and disorderly conduct charges

[TinaLShaffer]

What is the name of your state? Pennsylvania

My 16-yo daughter recently went to a local Dunkin Donuts with some friends. Her best friend worked there. There was another girl behind the counter that kept staring at her, which was brought to her attention by one of the people she was sitting with. My daughter thought she recognized the girl from school, but wasn't sure, so she asked the girlfriend she was with to go up and ask her what year she graduated in. Her friend declined and they eventually left the store after eating. My daughter's best friend had sent her a text message and asked her what she did to the other girl who worked in Dunkin Donuts (the one that was staring at her) and my daugther replied she didn't even really know the girl, but her friend responded the girl was saying she hates my daughter and was going to "f*** her up if she ever came back". So my daughter stopped at the house and told me this whole story and said that if I get a call about her, it would be because she was attacked by some girl. Later that same evening, my daughter, her girlfriend and two other friends went back to the Dunkin Donuts because her best friend had told her to meet her when she got off work, which was closing for the store. Two of the friends went inside the store just before closing to get some donuts, but my daughter and her girlfriend were locked out and tapping on the glass, but no one heard them, so they decided to go around to the back and wait for her best friend to get off work. Her best friend came out and they talked for a minute and then she left to go home. As my daughter and the other girlfriend were heading towards the car to wait for their friends, the girl who hated my daughter came out the back door, cussing at both of them and then spit on my daughter and the other girl. The other girl started for her, and as she was doing that, the girl threw a cup of latte on my daughter. The other girl hit her and then my daughter also hit her. The girl was swinging her purse at my daughter and then finally told her friend to stop hitting the girl. The girl stood back and asked what that was all about and my daughter said, "You tell me, you're the one who came out here and starting spitting and throwing things on us - we didn't even do anything to you". So the girl ran back into the building and my daughter and her friend started heading for the car again. Then suddenly out of the drive-thru window, the girl starting yelling expletives again and spit towards the girls and they spit back towards her. They then went to the car and waited for their friends to come out and then came home, where my daughter told me the whole story and took a shower.

the next day, my daughter's best friend said apparently the girl had called the cops and they said they had the part in the drive thru window on video. The cops had called the other girl involved and said she would be receiving a citation in the mail, which she did. My daughter just received one also in the mail: One for disorderly conduct and another for harassment. My daughter found out that the girl who spit on her and she hit was the best friend of a girl, who in their freshman year had a physical altercation with my daughter in school, which they were both fined for and paid.

my question is - should she fight this? I'm thinking that the girl also should have harassment charges, aggravated assault because she intended to hurt my daughter when she came out the back door and terroristic threats because she was stating she was going to my daughter harm earlier in the day. My daughter basically reacted to being spit on and having a latte thrown on her and then was the one who stopped the fight. The girl also persisted in her harassment by coming out the drive-thru window also and yelling again and attempting to spit again. Should I call the police officer involved and let my daughter talk to him and then fight these charges or what? Also, my daughter's best friend was fired from Dunkin Donuts because of this - shouldn't the girl be fired and are there any charges I can bring against Dunkin Donuts?

Thank you for your time and attention to this matter.

 

[Indiana Filer]

What is the name of your state? Pennsylvania

I'm thinking that the girl also should have harassment charges, aggravated assault because she intended to hurt my daughter when she came out the back door and terroristic threats because she was stating she was going to my daughter harm earlier in the day. My daughter basically reacted to being spit on and having a latte thrown on her and then was the one who stopped the fight. The girl also persisted in her harassment by coming out the drive-thru window also and yelling again and attempting to spit again. Should I call the police officer involved and let my daughter talk to him and then fight these charges or what? Also, my daughter's best friend was fired from Dunkin Donuts because of this - shouldn't the girl be fired and are there any charges I can bring against Dunkin Donuts?

Thank you for your time and attention to this matter.

First of all, did Dunkin' Donuts do anything to your daughter? Is it Dunkin' Donut policy for their employees to attack people? If not, they aren't liable.

Secondly, the reason there were no charges against the other girl is that no one called the police to file a report against the other girl. You and your daughter need to contact the police department in the jurisdiction over the Dunkin' Donuts, and tell them you want to file a report of harassment and assault. Ask that they do an affidavit stating that the girl threw the latte on your daughter.

 

[stealth2]

Personally speaking, perhaps your daughter needs some closer supervision as well as instruction on more appropriate ways to behave towards others. You yourself say that it's not her first incident. Maybe if Mommy & Daddy stopped enabling her, she'd learn to act like a civilized human being.

 

[CourtClerk]

Stealth....I completely agree with you...something in daughter's story doesn't sound right to me, but mommy believed her. This is why she keeps fighting.

What is the name of your state? Pennsylvania

My 16-yo daughter recently went to a local Dunkin Donuts with some friends. Her best friend worked there. There was another girl behind the counter that kept staring at her, which was brought to her attention by one of the people she was sitting with. My daughter thought she recognized the girl from school, but wasn't sure, so she asked the girlfriend she was with to go up and ask her what year she graduated in.

If she wanted to know...why not go up to her herself, make some casual conversation and ask her? She already said she wasn't sure she knew her. This isn't typical behavior.

Her friend declined and they eventually left the store after eating.

Even if the above were true, why wouldn't the friend go ask??? The friend obviously had an inkling that something was up.

My daughter's best friend had sent her a text message and asked her what she did to the other girl who worked in Dunkin Donuts (the one that was staring at her) and my daugther replied she didn't even really know the girl, but her friend responded the girl was saying she hates my daughter and was going to "f*** her up if she ever came back".

first inclination that something other than what your daughter is telling you when on...

So my daughter stopped at the house and told me this whole story and said that if I get a call about her, it would be because she was attacked by some girl.

ATTACKED???? According to her story, she didn't even TALK to the girl?!?!? Where is the attack? Your daughter began her story of CYA right there... because something went down at Dunkin Donuts that she started and didn't want you to find out about

Later that same evening, my daughter, her girlfriend and two other friends went back to the Dunkin Donuts

So let me get this right...your daughter was just "attacked" at Dunkin Donuts... but she goes back. Further... you let her. Alrighty then

because her best friend had told her to meet her when she got off work, which was closing for the store.

And she didn't have the common sense God gave a billygoat to say no, I'll meet you at the corner store or your house....

Two of the friends went inside the store just before closing to get some donuts, but my daughter and her girlfriend were locked out and tapping on the glass,

Weren't all these girls together??? How did the door get locked so quick?

but no one heard them, so they decided to go around to the back and wait for her best friend to get off work. Her best friend came out and they talked for a minute and then she left to go home.

They should have all been walking together... why lag behind?

As my daughter and the other girlfriend were heading towards the car to wait for their friends, the girl who hated my daughter came out the back door, cussing at both of them and then spit on my daughter and the other girl.

Why the other girl? Apparently the beef is with your little angel... another CYA move (I was defending my friend mommy)

The other girl started for her, and as she was doing that, the girl threw a cup of latte on my daughter.

So this girl was crazy enough to try and fight 2 girls by herself with no one else around.... ok..if that's what you want me to believe. You obviously do.

The other girl hit her and then my daughter also hit her. The girl was swinging her purse at my daughter and then finally told her friend to stop hitting the girl.

So she's fighting and throwing punches...all with her purse on her shoulder??? Are you KIDDING me?

The girl stood back and asked what that was all about and my daughter said, "You tell me, you're the one who came out here and starting spitting and throwing things on us - we didn't even do anything to you". So the girl ran back into the building and my daughter and her friend started heading for the car again.

Personally if I were able to kick 2 girls azzes by myself, I'm not running anywhere... I'm getting in my car and leaving...because obviously neither of those 2 can fight..even together.

Then suddenly out of the drive-thru window, the girl starting yelling expletives again and spit towards the girls and they spit back towards her. They then went to the car and waited for their friends to come out and then came home, where my daughter told me the whole story and took a shower.

I thought they were already gone?

Her best friend came out and they talked for a minute and then she left to go home.

the next day, my daughter's best friend said apparently the girl had called the cops and they said they had the part in the drive thru window on video. The cops had called the other girl involved and said she would be receiving a citation in the mail, which she did.

Wait...she was attacked... didn't she explain all of this?

My daughter just received one also in the mail: One for disorderly conduct and another for harassment.

Uhhh yeah. Your daughter sounds like a tyrant.

My daughter found out that the girl who spit on her and she hit was the best friend of a girl, who in their freshman year had a physical altercation with my daughter in school, which they were both fined for and paid.

Exactly

my question is - should she fight this?

The only person buying her story is her mommy.... who is redefining enabling

I'm thinking that the girl also should have harassment charges, aggravated assault because she intended to hurt my daughter when she came out the back door and terroristic threats because she was stating she was going to my daughter harm earlier in the day. My daughter basically reacted to being spit on and having a latte thrown on her and then was the one who stopped the fight. The girl also persisted in her harassment by coming out the drive-thru window also and yelling again and attempting to spit again.

That....is your daughter's story. I bet the truth is somewhere still to be found

Should I call the police officer involved and let my daughter talk to him and then fight these charges or what?

I say wait until she's back in court. She already has a great track record with the justice system. They're sure to take that into account.

Also, my daughter's best friend was fired from Dunkin Donuts because of this - shouldn't the girl be fired and are there any charges I can bring against Dunkin Donuts?

Thank you for your time and attention to this matter.

Dunkin Donuts didn't do anything so there's nothing to sue them for. Friend may have been fired for letting "friends" in the store after hours... who knows. Nevertheless, you need to keep a better eye on your kid and take into account that your little angel may be trying to pull the wool over your eyes (seems to be working too).

 

[Gumbymac]

Filing Charges

I do not know the law for your state but in Tennessee, if you did not call and report the situation that night and the other girl did, you are not allowed to counter the charge. You can file a report with the police but the juvenile office will not allow you to file charges. When you go to court for the assault charge and harassment, if you can prove the other party instigated the situation you can then file a claim against them in a civil court to try and recoup your attorney fees.

Simple assault in Tennessee is a misdemeanor, aggravated assault is a Class 2 Felony. I would hire an attorney, your daughter needs one.