Legal Question in Criminal Law in Texas

My daughter & another student, were arguing over a chair. The incident escalated from there. She was pushed down by him & when she got up he was holding her forearms with enough force to cause bruising on her arms. Due to the push she has bruising on her back. When he finally released her arms my daughter did raise her arm but not sure if she actually hit him, that is when the teachers walked in, so that is all they saw, They were both sent home that day from school, Later, that day, I was informed my daughter would be in STARS for 15 days. The young man was not sent to STARS program. I don't understand why he didn't get punished for his actions. I feel like my daughter was the victim in this incident she was thrown down, held down and after her arms were released was when she decided to defend her self. This is a bullying incident & an assault!! I am seeking your help.

Asked on 4/28/14, 7:29 pm

Cynthia Henley Cynthia Henley, Lawyer

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Look at the school's handbook to see how to proceed. Talk to other student witnesses.

The problem is that the school pretty much makes the decisions. This is not a criminal case.

BTW, your daughter can file a criminal complaint against that kid IF it happened the way you say.

Answered on 5/12/14, 4:07 pm

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