Legal Question in Civil Litigation in New York

harassment of a special needs child by a private citizen

My 9 year old (special needs) son is being bullied by a 5 year old neighbor. The 5 year old is being provoked by his mother. The mother has verbally harassed my son and has even tried to lure him behind her home, thank god he ran! She has given her son ''high-fives'' for striking my son and then laughing at him. I have tried to speak with her, but to no avail. Help!!!


Asked on 9/06/03, 5:18 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: harassment of a special needs child by a private citizen

This is a difficult situation. I am always confused when I see adults behave in such a disgusting and destructive manner. This must be stopped.

You have several options. An 'order of protection' is easy to have issued. First you must make a criminal complaint against both the mother and child at your local police pricinct.

Then you must make sure the district attorney assigned to your case knows you want a court order to protect your child.

You can also proceed in civil court. The civil action can take place in addition to the criminal action and you may get an order of protection from the civil court as well. You may, in addition to the order of protection, sue for money damages.

The important thing is: YOU HAVE OPTIONS. You CAN help your son.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 9/06/03, 8:54 pm


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