Legal Question in Criminal Law in Massachusetts

can a school reccommend that a minor, (14) leave her school , when an active res

I currently have an active restraining order against another student on behalf of my daughter who is 14. The first R.O. made the 18 year old student leave the school for 10 days. The second one provided a modification, "No class or activity together" The school has continually put them together in gym class. I sought this R.O. after this person tried to coerce my daughter into having sex with her in the bathroom.(notes to my daughter are explicit, including "I'm going to rape you in the bathroom") several meetings with key people in school. Failed many times to honor R.O., still in class together.Many apologies for "not doing their job" They have reccommemded that I remove my daughter, and put her in another school. (Written letter) Went back to judge for help, she again modified to remove 18 year old from school again while my daughter is there. I requested copy of memo sent to teachers stating that R.0. is in effect, but, R.0. was issued on 12/20/99, and memo is dated 2/28/00. etc... Can they do this??????????


Asked on 3/06/00, 1:56 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: can a school reccommend that a minor, (14) leave her school , when an active

It seems to me that the restraining order should not have issued and therefore may be unenforceable. In Massachusetts, restraining orders may issue when there is a family relationship, a child, or a substantial dating relationship. It appears that none of these exist in your case. You need to go to Superior Court, file a complaint in equity and get an injunction. You may seek to enjoin the student from being in classes with your daughter or enjoin the school from allowing him to be near your daughter. If the injunction is violated, you can bring a contempt of court.

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Answered on 3/20/00, 8:53 pm


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