Legal Question in Civil Litigation in California
My 10 yr old son was punched in the face by a 12 yr old boy. He has a fat lip and may have damage to one of his adult teeth. I have found out that this kid has picked on my son before from someone that lives next to this kid. She said that she has never had a problem with my son, but has had problems with this other kid. He won't stay off of her property and he cusses her out. My husband went to talk to this kids father and the father didn't really care. My son didn't hit his kid, not a single scratch on him, but my son has obvious marks on him. Is it worth it to file a police report? Apparently this kids parents are both sheriff's deputies.
1 Answer from Attorneys
Yes, speak with both parents first and then if they will not act responsibly file a police report. Do not threaten that you will file a police report if they do not act as that could be deemed extortion. Point out that a 12 year old who acts as their son apparently has could be a sign of future more aggressive behavior. He represents a greater danger because they both may have guns at home and their son might feel he is above the law because they are in law enforcement. See if you can get other parents and neighbors to come with you to alert the parents of the emotional problems their son may be suffering. If he does not get some discipline and held he may develop into a major bully.