Yes. As the kid's parent, you have the right to press charges against the 13-year-old who willfully attacked your child. This would be deemed an attack in this scenario. There are several factors that determine whether or not you will be able to successfully press charges, such as the amount of damage done and whether the child has previous records for violence or aggression.
The charge itself is very simple. It is called "child abuse" and can be filed by anyone who sees something suspicious. In some states, if someone finds evidence that a crime has been committed but doesn't report it then they can still be charged with criminal negligence. This would depend on how much evidence there is and what type of crime was allegedly committed.
In most cases, pressing charges does not require any sort of prosecution or court proceeding. The police department should be able to provide you with all the information you need to make an informed decision about whether to file charges. If you do go ahead with it, though, you will need to appear in court and present your case so a judge can make a final determination about whether or not to issue an arrest warrant for the 13-year-old.
We urge that you obtain a copy of the board of education's rules and regulations and check to see if the administration is adhering to the board's recommendations. If you want to file charges, you can charge the perpetrator with assault. If the person is under the age of 17, they will be prosecuted as a juvenile, therefore other regulations apply. The typical maximum age for criminal prosecution is 18 years old.
Assault is any physical attack on another person, without justification or excuse. It is possible to be charged with assault for merely threatening to commit a crime, even if no crime was actually committed. Anyone can be assaulted, including children, adults, men, women, cops, prosecutors, judges.
The only way to know for sure whether you could be arrested for assault is to consult an attorney who has experience with police misconduct lawsuits. But based on what we know about school bullying, it seems likely that you could be charged with assault if you try to defend yourself.
If you are found guilty of assault, you could be ordered to pay restitution to your victim. Further, if you have been convicted of multiple assaults, you could be sentenced to prison time. Assault is a serious offense that could result in many consequences including injury, death, or imprisonment.
People often confuse assault with battery. Battery is any intentional act that causes bodily harm to another person. This could be done by hitting them with an object, kicking them, punching them, etc.
When parents complain or call the police about their kid, the police may prosecute the young person with a crime such as intentional damage or assault. Parents should be aware of the legal and non-legal ramifications of doing so, and you may want to consult with someone before proceeding. For example, you could end up on the wrong side of child protection services if you report your child as an alleged perpetrator of abuse.
Parents have the right to report their children to social services or the police if they believe that the child is being abused or neglected. However, once this is done, it can be difficult to get information about the investigation or progress of the case. It's important for parents to understand that while making these reports they are not violating any law by doing so. They are simply giving permission for others to investigate whether the child meets the definition of abuse or neglect. Parents should be aware that even though they have given consent for agencies to conduct investigations, those agencies may still release information about their cases. Agencies may do this in order to find appropriate placement for the child, including adoption or guardianship.
It is important to remember that just because your child is placed into protective custody by social services, this does not mean that they will be found to be at risk of harm when they are released back into your care.
It is quite unlikely that you will be able to file charges against your parents. Except when it's abusive. You don't say how old you are, but if your parents are physically abusing you, there's nothing stopping you from contacting 911 and/or Child Protective Services. Even if they aren't harming you physically, there's still a good chance that they will be given a criminal record which may affect their ability to get housing or other jobs.
The only situation in which I can see pressing charges being an option for you is if your parents are not paying child support. If they are not doing this voluntarily, then you should contact the court and request a civil action be filed against them. This can include having their driver's license suspended or having their bank accounts shut down.
If you go to court and win your case, then you will be able to collect any unpaid child support. If your parent refuses to pay, then you will need to report them to the police. However, there is no guarantee that they will be taken into custody. If they are just missing some back payments, then they likely won't even be investigated by authorities.
Charging your parents is not recommended because it could have negative effects on you in the future. For example, they might decide to withhold love and affection from you to "punish" you for charging them.