What to do if our 5 year old, autistic son was assaulted at school by his teacher’s aid?

UPDATED: Sep 29, 2022

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What to do if our 5 year old, autistic son was assaulted at school by his teacher’s aid?

The school called and said he slapped himself. Our child is left handed, injury of right side of cheek. CPS closed the investigation due to our son’s disability and no witnesses stating he was slapped. We have the metadata showing injuries on our child’s face. When he was slapped an identification impression was left behind matching the aid’s ring, 2 hearts and diamond cut under eye. We have pleased with local PD to press charges to no avail. The PD is refusing to send metadata off for review. The pictures clearly show not only slap impression of three fingers but also 2 heart impressions and diamond pattern cut that matches her ring I identified on her finger.

Asked on August 16, 2015 under Personal Injury, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1 If the local police will not take action, try talkng to their superiors or to the prosecutor's office directly--maybe one or the other will overrule them. However, at the end of the day, you can't force the authorities to act, and they may be acting becuse they feel the evidence is not strong enough to convict.
2 If your child suffered some long lasting disability or impairment, or you incurred significant medical bills, sue to the assault, you could sue for compensation. But the law only provides compensation for actual injuries, costs, etc. if, as we hope, your child is ok and did not need much medical attention, there'd be on point in suing--you could not recover any compensation, even if you won.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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