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My understanding is that a threat is assault and a physical act is battery.

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Perhaps filing a Civil Suit against the school will get some action. When the school sends the bully to the alternative, the suit could be dropped.


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Originally Posted by ironbender
My understanding is that a threat is assault and a physical act is battery.

Where is Liar24 when ya need her? grin


I'm not a lawyer, but (IMO) if the threat is against your life of physical safty, it approaches or might be a crime; but if it is just ridicule or degrading, it might not.

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Now is the time for some good ole-fashoned American street violence. The bully should be sought out and have done to him what he does to others. Win or lose the bully will find someone else to pick on. These guys prey on the weak, or ones they percieve to be weak. There is nothing better than seeing a good kid who walked away from a fight with a bully because he was raised right finally boil over and open a can of wup azz on the bully who has gone to far. This worked for kids on the playground for decades, it aint pretty, it aint PC, and somebody might get in a little trouble. But in the end the bulling is over. These are still kids, hopefully a our country hasn't gone down hill so far we need lawyers to resolve playground problems. As for the crazy mom, watch her like a hawk and get the law involved as soon as you can, adults are a whole nother matter.


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Is your son carrying a voice recorder?

Might not be admissable evidence should things end up in court but a reorded threat cannot be denied like one merely alleged.


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If it was just the kids involved, then the boy needs to whoop the bully next time he misbehaves.

Unfortunately, with the mother involved the problem is a lot more complicated and dangerous. I think the only way to combat this is through the school and police, then take all other measures to stay away from these people. The mother may be capable of anything, so its worth avoiding them as best you can. Maybe not the macho thing to do, but it could save someone from harm.


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poodleshooter, i think you got a good thing goin' there.

i'm on the back end of it, with mom reacting hatefully to other WAY WEIRD old ladies in the rest home. she keeps to herself and gets real defensive if a particular old CRAZY lady in a wheelchair pedals up to her with more nuttiness.

you stick by your boy there. sounds like you're doing a darned good job as it is... i think you are a FINE figure of a father, judging by what you've told me.

a lifetime ago, i was a victim of bullies until i stood up to one. got my butt kicked the first time, and the second. but the third guy figured it out the hard way, i didn't take any more knocks than i would have anyhow, and i got a whole lotta respect from everybody else. my lunch money was MY lunch money. there wasn't any daddy hangin' around takin' up my slack, and forget the school ma'arms. they were too busy huffing ciggies in the teacher's lounge and swilling coffee...

i wish the best for you and yours through trying times. i think you're doing EXACTLY the right thing.

for what it's worth, an adult stabbing an adult with a pencil is what's called 'aggravated assault with a deadly weapon'. when i worked in a law firm and we dealt often with recently released felons to discuss our representation and their payment options on a regular basis. i carried a gold cross pen to those meetings. on a regular basis. just sayin'.

all you naysayers and continual-counterinsurgency types out there at the CAMPFIRE... what we have here, is a man who deserves the moniker of "DADDY".

-tom


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Thanks Tom.


"The only thing necessary for the triumph of evil is for good men to do nothing."
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Prairie dog shooter:

Keeping cool (cold?) is the best thing and I think you are doing an admirable job. Getting yourself arrested is sure not what your kid needs, and I am glad that you are keeping your cool.

I would unleash the most terrifying weapon known to exist in the American arsenal upon the culprit -- an ominous and vaguely threatening letter from a the scariest lawyer you can find! Seriously. To both the school and the individual involved...

A lawyer won't charge you much for an initial consultation to get the details and to prepare a letter (and which would be delivered not by mail but by your lawyer's normal process server to add to the overall effect).

I had to do something like this once before I moved to Sweden and it worked very well -- but here, lawyers do not inspire fear like they do in the US! smile

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The one stabbing him with a pencil, yeah, that's assault and if you really want to push it, it can be considered a deadly weapon, as it was used as a stabbing implement. I would definitely had the police arrest the little schitbag, and have Mom come pick his ass up from Juvie! Given what it sounds like yeah, the problems are just starting, and the kids mom is just ensuring he becomes one of Obama's hand-out kids. Push back real hard, I damn sure would!


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Sounds like you have done an excellent job. The school administration is on your side. The bully is being moved out of your environment. And you have a paper record supporting your side with the school and with the police.

Obviously, the single mom has lots of problems and so does her son. Not much you can do there, but protect your family and not participate in her problems.

Selecting an attorney and prepping with him is an excellent idea.

But it seems to me that the best revenge is going about and enjoying your life. Dont make yourself hostage to the crazy mom.

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I can see it now

Me, "Mom, billy pushed me and poked me with a pencil."

Mom, "Well, did you whip his azz?"

Me, "I told the priciple."

Mom, "Was that before or after you whipped his azz?"

Me, " I just told the principle."

Mom, "Well you little chicken chit! now when you father gets home he's going to whip your azz!"

You see, it's ok to tell the principle, as long as it's while explaining why you whipped another kids azz.

Of course they didn't look to involve the cops for a school room fight back then.


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Originally Posted by crosshair
I can see it now

Me, "Mom, billy pushed me and poked me with a pencil."

Mom, "Well, did you whip his azz?"

Me, "I told the priciple."

Mom, "Was that before or after you whipped his azz?"

Me, " I just told the principle."

Mom, "Well you little chicken chit! now when you father gets home he's going to whip your azz!"

You see, it's ok to tell the principle, as long as it's while explaining why you whipped another kids azz.

Of course they didn't look to involve the cops for a school room fight back then.


+1
Sounds about right.

Funny thing about bullies is that they don't like gettin' their ass wooped more than once.


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I believe that assault is to put somebody in fear.


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Here is what should be done.

Caution: foul language

http://www.youtube.com/watch?v=5xsaMcw69D8


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Actually in Florida the physical act of striking or stabbing is battery. The threatening is verbal assault.


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I think you've demonstrated incredible calmness. Having witnesses was smart. Keep on keepin' on. They have a special place for students like this. It sounds to me like it would be in his best interest too. Gathering the data takes time. Unfortunately there's not a great place fer muther, but there is a place fer her.

Hat's off to ya.


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Originally Posted by mathman
You've done well so far. Just don't tell her you already have the hole dug.


what he said!!!


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Update:

First I want to thank everyone who replied here. I know I can count on the combined wisdom, experience, and opinions from like-minded folks on the Fire. And I appreciate being able to use this forum as a sounding board.

I believe I have the situation under control now.

The school principal has completed her "official investigation" and issued a "stay away warning" to the parent and child.

I am taking copies of all her documentation, with my written records to talk with an Attorney tomorrow afternoon.

I filed a report with our City police.

I reported suspected mental health concerns and abuse to family protective services through the child abuse hotline.

I have given my neighbors the description and license number of the womans vehicle. I told them she had threatened my child and to please tell me if they see that vehicle in our neighborhood.

I have alerted my home owners association of a threat to my family and discussed getting the video recordings of our community access gate recorder in the event of an incident.

I have heard through the "grapevine" that my discussion with the woman on Monday evening was more effective than I had even hoped for. Different adults have told me that the woman is very embarrassed that this incident is in public. I have been told she feels "embarrassed and intimidated". At this point she isn't aware that I have filled complaints with the police or family protective services and the Attorney has not been involved yet.

I have explained to my son that because they have a documented history of bulling him and a "stay away warning" at school he can assume that if he is approached by that boy, the boy intends to do him harm. My son understands that he has no restraints from me to protect himself by taking the kid out and that he is in a very defensible position when he has to do so.

I have discussed with my son actions he is to take to protect himself if he sees that woman approaching him.

I have tried to teach my son through this event that even though we have to work through "the system" when push comes to shove we have to be prepared to defend our selves. I've explained that the "authorities" can't protect us. All they can do is investigate and punish after the assault has been committed.

I teach my boys martial art self-defense. My son knows that his mother, older brother, and I have carry permits and carry concealed handguns. Self-defense training and awareness is just part of life to him.

I don't feel that my son is as worried about the situation now. He knows what to do to protect himself and he knows his mother and I are going to stand up for him and protect him from "getting in trouble" at school when he does.



"The only thing necessary for the triumph of evil is for good men to do nothing."
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"Give me liberty or give me death"
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Nothing short of exemplary!


BAN THE RAINBOW FLAG!
PERVERTS OFFEND ME!

"When is penguin season, daddy? I wanna go kill a penguin!"
---- 4 yr old Archerhuntress

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