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8-year-old and self-defense

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brentnjill

Junior Member
What is the name of your state? PA

Hypothetical....say a certain 8-year-old boy was being bullied by someone at school and on the bus. Say it has been an ongoing issue for over a year. Say this boy decided to take matters into his own hands and physically make this bully stop. Could the parents of this bully file any kinds of civil suits against the 8-year-old's parents if, number one, this is an ongoing issue that has been documented by the school, and two, it was self-defense?

Thanks in advance,

~jill
 


xylene

Senior Member
Physical retaliation to verbal teasing is not self defense.

If the bullying is physical, it still is not likely to be self defense.

Hypothetically speaking, the PARENTS of the 8 year old should be forcing the school to do its damn job.
 

Just Blue

Senior Member
What is the name of your state? PA

Hypothetical....say a certain 8-year-old boy was being bullied by someone at school and on the bus. Say it has been an ongoing issue for over a year. Say this boy decided to take matters into his own hands and physically make this bully stop. Could the parents of this bully file any kinds of civil suits against the 8-year-old's parents if, number one, this is an ongoing issue that has been documented by the school, and two, it was self-defense?

Thanks in advance,

~jill

If the bully is hitting the 8 yo then the 8 yo can hit back. Otherwise it is an assault and the child could face criminal charges.

https://forum.freeadvice.com/showthread.php?t=374741
 

brentnjill

Junior Member
Hypothetically speaking, the PARENTS of the 8 year old should be forcing the school to do its damn job.
Yes, and how do the parents go about doing that? All they have told them was that they can't do anything with kids this age, other than document.

Aside from that issue, should these parents be worried about being sued?

~jill
 

xylene

Senior Member
Yes, and how do the parents go about doing that? All they have told them was that they can't do anything with kids this age, other than document.

Aside from that issue, should these parents be worried about being sued?

~jill
Yes, they damn well should.

PREVENTION IS THE BEST WAY TO DEAL.

They should lean on the school. The answer they have given is crap. Threaten litigation.
 

JustAPal00

Senior Member
X is right! My son was picked on by another child relentlessly. That kid also picked on other kids. He was forced to sit right behind the driver on the bus, and was in all sorts of trouble at school. The picking stopped! The parents got involved. Remember the squeaky wheel gets the grease. Call the school every time he hurts your child! If the school won't do something, call the papers!
 

brentnjill

Junior Member
X is right! My son was picked on by another child relentlessly. That kid also picked on other kids. He was forced to sit right behind the driver on the bus, and was in all sorts of trouble at school. The picking stopped! The parents got involved. Remember the squeaky wheel gets the grease. Call the school every time he hurts your child! If the school won't do something, call the papers!
Great ideas. I agree the school should be doing more. So far, this kid has only missed a few recesses here and there. This kid's parents, however, are just as bad as him. They've turned into our neighborhood bullies (see my other posts). Okay, this 8-year-old happens to be my son (the one getting picked on). He's almost as tall as my fourth grader and he's just about 100 pounds so I'm afraid, if this kid provokes him enough, he'll decide to use his size to his advantage...and we'll end up paying the price for it. To make it worse, he's been told he needs glasses. One more thing for this bully to tease him about.

It breaks my heart because my son isn't an aggressive kid by nature. He's a gentle giant that happens to be the target of the smallest kid in the class (Napoleon's Syndrome, I think they call it). I'm not sure what to tell him to do.

~jill
 

CdwJava

Senior Member
Say this boy decided to take matters into his own hands and physically make this bully stop.
He would probably be suspended. Criminal charges MIGHT be considered.

Could the parents of this bully file any kinds of civil suits against the 8-year-old's parents if, number one, this is an ongoing issue that has been documented by the school, and two, it was self-defense?
The parents can try and sue anyone they want for anything they desire. However, whether they might win depends on the presentation of evidence and the damages their child sustains at the hands of his attacker (your child).

As others have written, push the school to take the appropriate action if this problem is happening at school.

And if your child is assaulted, report it to the police. Yes, the police will hate it, and there will be little they can do because of the ages, but it just might send a message to the other child or his parents that the boy needs to chill.

- Carl
 

brentnjill

Junior Member
Carl,

Thank you so much for your advice and mostly for the verse in your signature. It didn't go un-noticed.

As far as our neighbor issue (this bully happens to live 2 houses away from us), they're parents have been bullying us now since we went to the school about their son. Again, please see my other posts.

This morning, I had 4 men at our door. 2 from the township and 2 from the Department of Environmental Protection. Apparently, there was a complaint about "unlawful water drainage" that they now have to investigate. This just could be the way these neighborhood bullies "win"...by getting rid of every single one of our renters (commercial and residential).

I'm so tired of being under the microscope. We have done nothing more than try to protect the rights of our son. I am at a loss as to what to do next.

~jill
 

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