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What are my options for protecting my son?

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ma75181

Junior Member
Texas

Last school year, my son was walking home from school with 3 of his friends and was approached by 2 students, one with a knife. The boy with the kife said he was going to 'stick' all of them. Aparrently, there was some conflict with between this knife kid and one of the boys in my son's group. Well, we pressed assalt charges and the kid was in 'In School Suspension' then went to some type of alternative education program. I thought he was gone for good, until my son called me on the way home from school, yesterday, and said this kid was back in school. He has not said anything to my son, yet. We have not even gone to court for the charges we filed (november 08 is when we are supposed to go).

My question is; is there any way to protect my son for this kife kid? I asked the police department about a restraining order, I was told that would be a civil matter and not enforced by the police department. I have no idea of what to do, other than put my son in another school. Any suggestions or advise out there?
 


CavemanLawyer

Senior Member
You can hire an attorney and apply for a protective order. You may check with your local DA's office and see if they offer this service for free. Many do. With your son the victim of Agg. Assault with a Deadly Weapon, I'd say you have a very good chance of getting your order approved. But even still, if the school was willing to accept this child back in school there is nothing you can do about that. He has a right to be free while awaiting trial, if the court chooses to release him, and he has a right to go to this school if they allow it.

Make sure and talk to the Juvenile prosecutor and request that, if the child is adjudicated, that a condition of his probation is that he stay away from your son. That's a pretty standard condition but check anyway.

That's about all you can do. If he is ultimately adjudicated than the school may revisit the issue and decide to remove him from the school again.
 

ma75181

Junior Member
You can hire an attorney and apply for a protective order. You may check with your local DA's office and see if they offer this service for free. Many do.





Thanks for the reply, Caveman....I asked the police department about a protective order, and I was told that was for family violence cases only. Is this true?
 

cbg

I'm a Northern Girl
It could be. At least in my state, what a restraining order can/will be issued for varies with the county, or even the municipality.
 

CavemanLawyer

Senior Member
Thanks for the reply, Caveman....I asked the police department about a protective order, and I was told that was for family violence cases only. Is this true?
In your case, actually that is true. Sorry I forgot this was the juvenile section. I was referring to article 17 protective orders, but those only apply to adults. Since this is a juvenile respondent, protective orders would be limited to those in the family code which yes, are limited to family violence cases.

However the equivalent to an article 17 PO would be setting a "stay away from complaining witness" provision in the conditions of the juvenile's release from detention. Again, this is something that probably was done automatically. If he does make a point to run into your son, than you can contact the juvenile court or juvenile probation and report it and they can use that to detain him again.

Perhaps another comfort to you is that if this juvenile makes any kind of threats or certainly if he assaults your son, than that can be charged as retaliation which is a felony.
 

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