Juvenile Assault

[Anabelle Delari]

What is the name of your state? Texas
Getting off the school bus, my son was approached by another boy who came up from behind him, & punched my son in the head, causing him to collapse and repeatedly beat my son while he lay on the ground. My son suffered physical & emotional distress as a result. The attack was allegedly "instigated" by my son earlier in the day at school when he was throwing candy & a piece of it accidentally hit this other boy. The boy told my son that he was going to "get" him after school. He rode the same bus my son rides after school and he got off at my son's stop (which is not his stop), and then assaulted him. I have pressed charges, but the prosecutor at the D.A.'s office who is working on this case, says the other boy probably won't be prosecuted because my son provoked the fight. Under the law, i was told, "if someone provokes a fight with you, you have the right to retaliate or defend yourself" Is there anything I can do to sway the court to punish or prosecute this kid? I am outraged by his crime, but more outraged that he will not have to suffer any consequences for breaking the law! What are the Victim's rights?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas
Getting off the school bus, my son was approached by another boy who came up from behind him, & punched my son in the head, causing him to collapse and repeatedly beat my son while he lay on the ground. My son suffered physical & emotional distress as a result. The attack was allegedly "instigated" by my son earlier in the day at school when he was throwing candy & a piece of it accidentally hit this other boy. The boy told my son that he was going to "get" him after school. He rode the same bus my son rides after school and he got off at my son's stop (which is not his stop), and then assaulted him. I have pressed charges, but the prosecutor at the D.A.'s office who is working on this case, says the other boy probably won't be prosecuted because my son provoked the fight. Under the law, i was told, "if someone provokes a fight with you, you have the right to retaliate or defend yourself" Is there anything I can do to sway the court to punish or prosecute this kid? I am outraged by his crime, but more outraged that he will not have to suffer any consequences for breaking the law! What are the Victim's rights?

My response:

File your own Civil lawsuit against the kid on your son's behalf. Your son's lawsuit would be for Assault & Battery, and for both actual and punitive damages.

The "danger" that the other kid perceived had already abated itself; i.e., the other kid was not in immediate, present, danger of being assaulted by your son. The other kid waited, and time had elapsed. Your son may have instigated the other kid's assault, but the instigation of a "right to defend" was not "immediate".

See your local Personal Injury attorney.

IAAL

 

[Anabelle Delari]

Getting ready for court

Prosecutor finally filed a case against this boy who attacked my son. I recieved a Victim Impact form from the prosecutor. Should I fill this out, or should my son (Age 13)? What are punitive damages? Can I claim punitive damages for my son in juvenile court, or do I have to sue the other boys parents?