How the stalking statutes can be used against the school bully.
I watched the documentary “Bully” and I found it curious that there was never a discussion of how parents could use the stalking statute against the school bully if their child was a vitim of bullying. At times children were advised to fight back, thus becoming bullies themselves. At other times, no crime was charged and bullying activity was merely shrugged off, leaving some children so miserable in their daily lives that they committed suicide. Many children have not only endured repeated threats of imminent physical abuse on a daily basis, but they have been repeatedly physically abused by other children by hitting, shoving etc.
What should a parent do if their child his been physically abused by other children? I advise making a police report, especially if there is any physical evidence that your child has been abused. It is a crime to hit somebody and your child should not have to endure being a daily crime victim. It is true that kids will be kids, but they will eventually grow up to be adults and hitting is an unacceptable way to resolve problems among civilized adults, and bullying behavior should be nipped in the bud while people are young. Next, I advise that all abuse or threats of abuse are documented with the date time and place. I also advise that formal letters documenting the abuse be written to the parents of the abusive children, the school and the bus company, if applicable. After there are two documented incidents of abuse or threats of imminent abuse, the case is ripe for a stalking order. If the letters documenting the physical abuse are not promptly disputed, then these confirming letters can later be used as evidence at trial. If a stalking order is placed upon a childhood bully, this will force the bully to stay away from your child or face criminal charges. I have heard many complaints that school administrators and bus drivers don’t do anything about bullies. If school officials are not willing to interfere with playground instances of physical violence, then there is an option of hiring a civil attorney who not only handles stalking orders but can file lawsuits against children who have parents with money. Under Oregon statue, parents can be financially liable to a limited extend for their child’s intentional torts. Thus, if another child hits your child repeatedly and one day causes your child to need medical attention, your child not only has a basis for a stalking order against the bully, but can sue the bully’s parents for a limited amount of money.