can i file charges or a cival suit aginst a mother that made her daughter attack mine and the mother helped her and i have a video of it all.

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can i file charges or a cival suit aginst a mother that made her daughter attack mine and the mother helped her and i have a video of it all.

the district attorney filed child endangerment charges aginst the mother but said that i couldnt press charges aginst her for hitting my daughter caus in the video they say they really dont see her conect but every one else can see it . i have the video and would like to find out what i can do. this women coaches peewee ball and works for home health as a cna and i dont think she should be around children or the elderly

Asked on May 10, 2009 under Criminal Law, Arkansas

Answers:

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You may have a civil cause of action against the daughter and her mother as parent/guardian.  Only the State can bring criminal charges.  The most prudent course of action would be to consult with an attorney on the facts of the case and the specifics of what happened that caused your daughter to be attacked.  If your daughter is in any way at fault, this may lessen the strength of your case.  The integrity of the video will be questioned if this gets to an actual trial, assuming that your case should go forward.  From the bare facts, you may have a civil action, but again, talk to an attorney and when you do so, bring all records, including a police report and any medical bills and witness statements you might have.  You will need to show damages, i.e., that the result of this incident caused physical and/or extreme emotional harm.  It will be your burden of proof to show that the daughter and by extension, mother, did or did not do something that caused your daughter and/or you some kind of damage.  If this is someone who is in your community, think carefully before filing suit.  Your direct case is really against the daughter, unless the mother actually did something to harm your daughter.  The mother will be responsible for the minor daughter's behavior under the law.


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