By harassing me i mean that she and her friends will make rude comments both toward and about me, when she is with another group of friends they make faces at me and make fun of me. Most of the time she says that my twin sister and i are fat a** b*tches, she basically always has something to say about my weight (which seems to be bullying). She has wrongfully acussed me of throwing her book-bag into the floor and threatening to beat her up after school.
You should talk to a lawyer in person if you are serious? How old are you and those you want to press charges against? Should this matter be handled at your school? Just name calling alone will not reach a criminal level. If you want to sue them in civil court you have to be able to prove some type of damages. Often times you could actually make this matter worse by not handling it properly. IT SOUNDS LIKE A BULLYING SITUATION. Get your parents involved immediately. They want to talk to you about these types of problem. Kids should not treat you like this and your parents can take steps they feel are necessary to stop the wrongful conduct. Most school districts across America have detailed anti bullying programs in place to help you with this difficult matter. If you cannot speak to your parents then talk to a trusted adult immediately about what is happening to you and about how you feel about it. Try a counselor, pastor,neighbor, friend's parents. There a people who want to help you to deal with this matter. Do not take into your own hands in any way. AVOID THE BULLIES.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
The type of conduct you describe is not criminal behavior, so you would not be able to have the police arrest her or press criminal charges against her. However, you might consider filing a complaint for slander if you believe her conduct has hurt your reputation in the community. To prove slander you must allege in a complaint and prove that she had made statements about you to one or more other people that are false, involve criminal conduct, or other behavior. You mention that she has "wronfully accused [you] of throwing her book bag into the floor." This does not involve criminal conduct, so this will not likely form the basis for a slander complaint. However, you also say she has wrongfully accused you of "threatening to bet her up after school." If that is false, threats to beat someone up is a crime, and it may form the basis for a claim for slander, provided it has been communicated to a third party [not just to you] and provided your reputation has suffered damages because of the statement. Falsely accusing someone of a crime is a defamatory statement. So you may file a lawsuit against her for such an accusation. In addition, you should report the "bullying" statements to the principal at your school. Hope this is helpful.
I disagree with both of the prior responses and I write only to offer you the full range of viewpoint to consider.
The behavior that you are describing is low-grade rudeness and nothing more. Not criminal, not defamation, not even bullying. None of what you describe rises to the level of legal concerns. Even the "threats" to beat you up after school do not ring as truly concern-worthy in the context of your post where you recite the fact of such threat after your complaint that she disses you about your weight.
There will always be people who indulge in name-calling, face-making, and catty comments about one's weight. If you don't begin to develop the skills to deal effectively and appropriately with that kind of obnoxious behavior, you will be at a significant disadvantage all of your adult life.
"Bullying" has become the all-purpose allegation du jour and the most elastic of terms recently, but asserting that every act of garden-variety rudeness and juvenile obnoxiousness is "bullying" serves no legitimate interests -- not even the interests of the putative "victim" who will inevitably be viewed as the cracked egg if the school or other authority figure can be compelled to address the situation. At your age you have no more important mission than to develop into a competent, honorable, respected, and capable adult. Ignore the juvenile crap unless and until it reaches the level of actual potential physical threat or harm.
Talk to you parents about this situation, now and over the course of time. Your parents can assist you in recognizing when-- and if -- the situation requires the intervention of authorities. Very likely it will not. Focus on developing yourself for the kind of life you deserve. There will come a day when you cannot even remember this girl's name.
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