I have a 13 year old that is getting bullyed. There were messages from textfree sent out with her name on them. A fake ASK.FM page with her name on it sending out messages. On her ASK.FM that I made her deactivate were messages "Go kill yourself". On sunday 4 am phone calls "your mom cant even love you that is how discusting you are". I feel helpless ! I feel like im failing my child please someone help.
Thank you for your time. That is the problem at school they are very smart about it yes it is more on line. But then it is a lot of people within the school. Her friends are turning their back. I am going to the police I have screen shots. I have a meeting at the school. I told her all social media has to go. I was just not sure if I should do more. She cried the entire weekend. :-( I did contact Ping the place where Freetext come from to see if they can tell me anything. Since FREETEXT was a sight messages were sent out in her name. Also contacted ASK.FM about the page that sent not nice messages out that had her name attached waiting to hear from them. I just feel like I have no control over what is going on.
This is horrible. I would need more information before I can offer you a proper response.
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Bullying in and of itself is not against the law in most places. It is against most school policies. However, that does not mean that if someone is hit or stalked that it is not actionable. It just means in most places, there is not crime called "bullying". You do not provide any context. Is it at school? You tagged "cyber bullying"--some schools have rules on this even if it is not done on school grounds.
Obtain the school/school district's written policy on bullying. The school is obligated to follow it and investigate. However, if their investigation does not turn up anything actionable in their opinion, they are not obligated to act further. Educational Rights attorneys are specialists at dealing with schools, so if you can hire one, that would be ideal. Use the "find a lawyer" tool on AVVO.
The police should be called every time your daughter is threatened or hit or stalked by the other kid (and each incident should be reported in writing to the school). Also, as long as the other kid is a minor, her parents are responsible for her actions if they know, or should know, of this propensity. So get a local lawyer to send a legal letter to this kid's parents--that'll be proof that they've been put on notice. Then, you can sue the parents for everything their kid does. Perhaps the attorney's letter will get their attention.
The lawyer can also advise on getting a restraining order. Schools tend to be afraid of that because then they have to monitor and keep them apart.
The legal letter to the parents, suing the parents, restraining/"no contact" orders apply even outside of the school context. Obviously, get your daughter off any social media and block any and all numbers and email addresses you can.
This is the link to the NJ govt's site on cyber bullying: http://www.nj.gov/oag/cyber-bullying-web.pdf
If you have trouble finding pro bono attorneys, see if Legal Aid can help, and some law schools also have legal clinics.
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this is clearly terrible situation. go to the nearest legal services either newark or trenton or call state bar and ask for referral services.
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