How to Get a Restraining Order Against a Child Who Is Bullying My Child

portrait of a school boy (8-10) pulling a girls hair in class
A boy pulling a girl's hair in a classroom. (Image: Stockbyte/Stockbyte/Getty Images)

Your child is being bullied and you want to take steps to make this behavior stop. You can do several things to protect your child from the bullying, beginning with notifying officials at his school. In order for your allegations to be taken seriously, you need to be able to document what you have done to protect your son from the child who is bullying him. This proof includes the communications you have had with school officials, the other child’s parents and the actions you’ve taken to prevent, if this is the case, electronic harassment on Facebook, MySpace or the cell phone.

Step 1

Gather written documentation that shows your child is being bullied by another child. According to Education.com, this documentation includes e-mails and either printouts of text messages or documentation from your cell phone provider showing where the bullying text messages have been sent from.

Step 2

File paperwork requesting a temporary restraining order in your community’s municipal or district court. The action of filing for a restraining order gets the judge’s attention; whether she decides to grant the restraining order relies on the evidence in your case and on individual state law. Once the judge is aware that your child is being bullied, she can put the offender and his family on notice that, if they don’t stop the bullying behavior, she will bring the force of law against the offender, writes the Union Leader.

Step 3

Document the negative effect the bullying has on your child’s mental well being. Describe your child’s symptoms of distress, for example, nervousness, depression or anxiety. If you have documentation that your child’s symptoms started after the bullying started, along with proof of visits to her pediatrician or a therapist, you’re showing that the bullying is having a negative effect on your child’s ability to function, according to Education.com.

Step 4

Go to court on the day and time your hearing has been scheduled. Missing the hearing means that your application for a permanent restraining order will be denied, according to the Colorado Judicial Branch. Be ready to testify about the bullying and the effect it has had on your child.

Step 5

Gather documentation of any bullying that does not take place electronically. If your child is being bullied by another child on the playground, for instance, he can suffer the same negative effects as children subjected to cyberbullying. These effects include loneliness, poor self-esteem, depression, physical health issues, school absence and avoidance, drug or alcohol use, a drop in grades, self-harm and suicidal ideation, according to “Time.”

Things You'll Need

  • Printouts of bullying emails

  • Printouts of text messages or

  • Written proof of text messages from bully

  • Proof of playground bullying

Tip

As your court case is pending, be ready to protect your child from any “revenge” behavior her bully might try to engage. Alert your child’s school to the bullying and let them know you expect them to act to prevent any future bullying episodes.

REFERENCES & RESOURCES
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