Legal Question in Criminal Law in Ohio

simple battery of a child

An adminstrator at a high school colors in your 14 year old sons head with black marker to cover a part that is supposedly not allowed in the school. There was no warning to the parents, no phone calls home, no referrals, what happens now? police say it is legal battery.


Asked on 11/05/07, 8:22 pm

2 Answers from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: simple battery of a child

What happens now is that you contact the school administration and file a complaint against the teacher. If you want to, you also contact the police to file assault charges. (In civil law, it is called "battery" but in criminal law it is called "assault.")

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Answered on 11/06/07, 9:43 am
David Davies Law Office of David H. Davies

Re: simple battery of a child

The police are telling you that they are not going to consider it a criminal act. A battery is a civil matter which may entitle the victim to money damages. In this case, the administrator could be sued and I would say there is a good possiblity that the case would be technically successful. It is not clear from what you have told me if the amount of money that could be won would justify the time and expense of a law suit.

I will be happy to discuss this with you in some detail if you give me a call. There is no charge for the confidential, no obligation call.

Good Luck!

Regards

DHD

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Answered on 11/06/07, 3:29 pm


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