(ABC News) -- A California father whose son was reportedly bullied at school has filed a restraining order against the 9-year-old boy allegedly responsible for the abuse.
Stephan Feuder said he had no other option than to get the restraining order after the boy allegedly assaulted his own 9-year-old son on the grounds of the 700-student Rolling Hill Elementary School in Fairfield, Calif. The alleged assault happened on March 13 as his son was trying to protect another student from abuse, Feuder said.
“My son was protecting another little boy that was being bullied by the known school bully,” Feuder told ABC News today. “My son stepped in between them and then my son was pushed, my son pushed him back and subsequently after that the little boy came up and punched my son in the face.”
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But school officials noted that an isolated incident does not necessarily constitute bullying, and furthermore, the district must act according to many rules and laws.
Feuder said he learned about the incident after his son called him from the school’s bathroom. The school district, according to Feuder, was unwilling to step in.
“They don’t want the school to look bad,” Feuder said.
So, Feuder sought and obtained a temporary restraining order from a judge at Solano County Family Court, which stipulated that the alleged bully must remain 2 yards away from Feuder’s son at all times and have no contact with him whatsoever.
“Basically, it’s never happened before against a 9-year-old child,” Angela Feuder, the boy’s mother, told ABC News regarding the restraining order. “But there is actually nothing saying that it can’t be done."
The restraining order must be served by Solano County Sheriff’s Office officials within five days in order to go into effect. In order to do that, officials need the alleged bully’s first and last name and full address. The Fairfield-Suisun Unified School District has been unwilling to release this information, citing confidentially laws, school officials said.
“Bullying is a serious issue and we understand that,” school district Superintendent Kris Corey told ABC News. “In order for it to be bullying it has to be repeated over time. This particular situation -- there have been some incidents that my administrator has addressed.”
“We are a public school and are governed by a lot of laws and regulations,” Corey said. “We just can’t expel somebody and kick them out of school, there are certain laws we have to follow."
He has a court date on April 2 to try and convince school officials to release the alleged bully’s full name and address so the restraining order can be served.
Law enforcement officials said the case may be the first of its kind.
“I’ve been in law enforcement for 15 years. I personally have not heard of a restraining order naming a 9-year-old as the restrained party,” Solano County Sheriff’s Office Deputy Daryl Snedeker told ABC News.
Parental reaction to the restraining order against a 9-year-old has been mixed, the Feuders said.
“The comments are very mixed,” Angela Feuder said. “It’s kind of insane to have to file a restraining order against a 9-year-old child, but the school district is supposed to be under zero tolerance for bullying and nothing has been done at this point so we have kind of run out of options.”
Stephan Feuder echoed those sentiments.
“To the parents that are the naysayers that say, ‘we can’t believe you are doing this,’ I understand your point of view, but what happens if it was your little boy or little girl who was the victim? Would your opinion still be the same?” he asked.