QUESTION
I have a charges pressed against my 13 yr old, he is accused of battery to a female student playing flag football at PE in school. Do I have a case?
Asked on May 03rd, 2017 on Civil Litigation - Florida
More details to this question:
My son is very timid when it comes to fighting anyone. He has never gotten in trouble. He was running to try to grab the flag they ran into each other and fell down. The next day a police officer was at the school for my son and because the young lady mother filed a report stated that he punched her in the ribs and pulled her hair, which was not stated before. Now my son is being charged with battery. The little girl the next day told my son that her cousin is looking for him. My son side of the story has been consistent and he has several witnesses. The young lady has one witness which most likely is her friend. I think this whole thing is ridiculous due to the fact that they were playing a contact sport, this being blown way out of portion. It is to the point where they may decide to go forward with charging my son with battery, he can be put in juvenile behind this situation. I would like to know if I have a case to counter sue for deformation of my child character?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
"I would like to know if I have a case to counter sue for deformation of my child character" No, simply disagreeing with a set of facts does NOT give rise to a lawsuit for defamation, nor any other legal remedy. In similar fashion your son's version of facts vs. the other childs does little as does hers in reverse. If there is legitimate expecation of criminal charges being filed there are clearly added facts missing that have to be addressed. You probably need to retain a criminal lawyer at this point to intervene to address this issue. Unfortunately, this is the by product of the indoctrination goin on in the education system,where everyone is trained to be a professional victim, from all angles, and you just have to handle it from that perspective as frustrating as that may be.
Answered on May 04th, 2017 at 8:32 AM
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