We are constantly seeing bullying among teenagers on the news. Jacksonville juvenile criminal lawyers will often represent children that have been bullied in school. There may be a boy that was bullied in school that is later charged with Florida battery after defending himself. There may be a teenager girl that was attacked by girls in a Clay County school parking lot, just to be arrested for fighting and affray in Florida. I have represented children that have been arrested for petty theft in Jacksonville that committed the crime out of fear of being an outcast. I have also seen teenagers arrested for Jacksonville possession of marijuana due to peer pressure.
As a Jacksonville juvenile attorney, I like to understand the source of the problem with my clients. Most of the time, the child just made a bad decision. Children’s brains are still developing, and they will make mistakes. Sometimes, there is an underlying issue, such as bullying. In most cases, the parents and children work together to solve the problem. When it comes to bullying, sometimes the school steps in. Channel 4 News ran a story last week about a problem between two middle school students in that led to a Jacksonville restraining order which was overturned by the First District Court of Appeals. The First DCA “overturned an injunction a Jacksonville middle school student had against a fellow 13-year-old.” Aria Jewett petitioned for an injunction for protection against Paris Cannon. The court ruled that it was unconstitutional because there was only one act of violence. Florida law requires two acts of violence for an injunction to be granted.
The Florida appellate court also addressed the schools ban. The court held, “even if the trial court could issue the injunction, the provision banning her from attending any Duval County Public School is overbroad and unconstitutional.” The First District Court of Appeals did give the legislature some guidance. Channel 4 news stated:
“While the appeals court struck down the injunction, the ruling calls on the Florida legislature to ‘consider crafting an injunction that would apply specifically to school-related violence… and should be able to deploy disciplinary and corrective measures that best address each situation in the first instance.’”
This would make an injunction against school-related violence similar to a restraining order in Jacksonville domestic battery cases. When it comes to domestic battery, only one act of violence is required for a Jacksonville restraining order. For an injunction against repeat violence, two acts of violence are needed.