Physical Assault In School In Virginia

State:
Multi-State
Control #:
US-000298
Format:
Word; 
Rich Text
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Description

The Second Amended Complaint form is specifically designed for cases involving physical assault in school settings in Virginia. This form allows the plaintiff to recover actual and punitive damages for gross negligence or assault committed by a defendant, typically a school employee or associated entity. Key features of the form include sections for detailing the identities of all parties involved, the nature of the assault, resulting injuries, and a clear request for damages. Users are guided to fill out the form by providing their personal details, outlining the negligent actions taken by the defendants, and citing the resultant physical and emotional injuries. The form can be edited to reflect specific case details and attachments, such as medical records, to support the claim. For attorneys, partners, owners, associates, paralegals, and legal assistants, this form serves as a crucial tool for initiating legal action on behalf of clients suffering from such incidents in school settings, ensuring that all necessary legal elements are captured for a successful claim.

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FAQ

§ 18.2-57.2. Assault and battery against a family or household member; penalty. A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

Corporal punishment prohibited. A. No teacher, principal or other person employed by a school board or employed in a school operated by the Commonwealth shall subject a student to corporal punishment.

Decision of school board; generally. A. The school board shall retain its exclusive final authority over matters concerning employment and supervision of its personnel, including dismissals and suspensions.

If the victim of a Simple Assault or Assault and Battery is a principal, teacher, guidance counselor, etc. and the offense takes place while the victim is working as such, the sentence includes a mandatory jail sentence.

Most misdemeanors in Virginia have a one-year time limit, including minor assault and battery and certain theft charges. However, Virginia is unique in that it does not have a statute of limitations for most felonies.

"Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move freely.

Virginia Code §3.2-6570 makes it a Class 1 misdemeanor to: Override, overdrive, overload, mistreat or abandon an animal. Torture any animal. Willfully inflict inhumane injury or pain not connected with bona fide scientific or medical experimentation on any animal.

"Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move freely.

§ 63.2-1511. Complaints of abuse and neglect against school personnel; interagency agreement.

Physical restraint is defined as a “personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely.” ing to the Stop Hurting Kids Campaign, it can include: “face down or prone restraint, immobilizing a student by pinning arms and legs onto the ground ...

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Physical Assault In School In Virginia