Legal Question in Civil Litigation in Indiana

Don't children have the right to live in peace?

Our neighbors son whom is 5 is constantly knocking my 10 year old off of his bike & skateboard.He tells my son he can kick his butt and he chases him.He has hit him in the face with a rock,ran out in the road&swung a 2x4 at him, chased him with a hammer, screams curse words/names at him.My son can't even ride his bike down the road without him throwing dirt,rocks or some toy at him.The father of this boy told us "he is only 5 what do you expect" and now it is to the point where the father calls my son names too.He even told my husband to come across the street and he would kick his butt.I am afraid to let my son go outside to play and my son is afraid too.If I don't go outside with my son I'm afraid something bad is going to happen and I won't have seen it or there will be not witnesses and it will be my word against his.I moved into a neighborhood so my children could have friends and play but now I'm afraid to leave the house and I wish I could move. I don't know where I stand legally,I'm not sure what I could call the police & tell them and I'm also afraid it would make the situation worse.I don't teach my children to fight,I've told my son to ignore him, but it isn't fair because he is going to get hurt.


Asked on 11/11/98, 12:43 pm

1 Answer from Attorneys

Marvin Coffey Marvin E. Coffey Attorney at Law

Re: the right to live in peace?

Besides being a lawyer, I used to be a police officer. This child and also his faher has serious problems and before someone gets hurt it is time to solve them. Call the police and report what has been going on. As future problems arise report them also. Talk to your neighbors. I am sure this conduct is not limited to you. Get them to report their problems with this family too. And stay on it. Report everything of a criminal matter that is occurring. Eventually either it will be solved or they will move. Also, if the father starts threatning you because you made police reports, record him. Intimidation is a class D felony in Indiana.

Marvin Coffey

Marvin E. Coffey Attorney at Law

8202 Clearvista Parkway Suite 6-D


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Answered on 1/06/99, 2:28 pm


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