Juvenille assault

[Rhondarae1980]

What is the name of your state (only U.S. law)?Georgia, What is the law? My 12 year old was involved in a physical altercation involving another 12year old. My child was struck from behind in the head while holding her two tear old brother. My daughter dropped my two year old and this resulted not only injury to my daughter but also my 2 year old son who might I add is autistic. When the local police dept. was called they informed us there was nothing that can be done because they did not witness the altercation, What step can I take to prosecute this girl to the fullest

 

[Antigone*]

What is the name of your state (only U.S. law)?Georgia, What is the law? My 12 year old was involved in a physical altercation involving another 12year old. My child was struck from behind in the head while holding her two tear old brother. My daughter dropped my two year old and this resulted not only injury to my daughter but also my 2 year old son who might I add is autistic. When the local police dept. was called they informed us there was nothing that can be done because they did not witness the altercation, What step can I take to prosecute this girl to the fullest

Were your children taken to the hospital with injuries?

 

[HomeGuru]

When and where did this happen and were there other witnesses?

 

[sandyclaus]

If there is insufficient evidence of a crime (i.e., no absolute proof and no witnesses to the events), then there isn't much you can do about getting the other party prosecuted. The police won't pursue a case without evidence to support it.

That does not preclude you from pursuing a civil action against the other child and/or their parents. The burden of proof is less for a civil case than a criminal case as in "preponderance of the evidence" (i.e., what is more likely to have happened than not). However, the lack of credible evidence to file criminal charges may hurt your chances of winning a civil action as well. (The other child may claim that your child just dropped the 2-year-old accidentally, rather than them actually causing your child to drop the 2-year old, and it would be up to you to prove otherwise.)