In what states can you file a restraining order against a child?

Question

We live in NH. Our daughter is about to enter 4th grade. A classmate has been bullying her since first grade. It got so bad, we puled her out and home schooled her for half of the last school year. Is it legal to file a restaring order against a child?

Answer 1

The short answer is probably yes.  Here is an example form from California:

http://www.courtinfo.ca.gov/forms/docume...

The problem you face is the necessary common area issue that overrides a restraining order, meaning, the school.  A restraining order can restrain a person to stay 100' away from the protected party, the protected party's place of work and the protected party's residence.  However, these kids go to the same school.  The restraining order can't force the restrained child to go to a different school and the judge won't supervise the school to see that the classes the kids are in are 100' apart.  

I had this issue once when a client struck a nurse while the client was brought into the hospital on a 5150 (mental restraint).  The judge could not restrain my client from going to the protected party's place of business because it was a hospital and my client might have to go there in the future.

You also face an uphill battle in front of any judge.  Like other people here pointed out, the judge is going to ask the parents why they can't work it out.  You will have the burden of showing that you've tried everything.  That means documentation, testimony of neighbors, testimony of teachers, etc.  Bullying is certainly on the rise and is becoming more severe.  Hopefully the judge will recognize that prevention is worth more than punishment in granting the restraining order and smacking some sense into the child and the parents.

Answer 2

Have you tried talking to the child's parents, that's usually how you handle situations like that.

ADD:

Have you asked your attorney- because if you have hired one and he can't tell you - you need a refund.

Answer 3

A child is not legally culpable (criminally responsible) for their actions until 10 years of age in most states. So, you couldn't file a a restraining order against a child under 10 because it it couldn't be enforced. There are other legal actions and restrictions to take against the parents. Most states have some variation of a law against improper supervision. If the child is over the age of 10, I would assume you could file a restraining order because of culpability. I haven't ever heard of this but I'm sure it happens.

Answer 4

If it isn't legal, you won't be allowed to do it.  You're not going to get arrested for trying, you just won't be allowed to do it.

More likely, you'll file the order against the parents who are, after all, legally responsible for their child's behavior.  Unfortunately for you, it sounds like that's the only way they're responsible.

You need to consult with an attorney

Answer 5

Well if your attorney cannot answer this question, you should fire him...

Answer 6

one could file a complaint at the school, make a police report for what happened at the school, seek legal advice from a lawyer..but restraining usually don't happen against young children..this is a matter of bullying/haresment and possible charges against the parents

Answer 7

Contact your county court house with this question.