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Can Your Child Get Expelled For Cyberbullying In California?

Law Office of Katie Walsh

The answer to the question outlined above is “Yes.” But, the facts and legal procedures underlying this are far more complicated than that answer suggests.

Going over how and why your child can get expelled for cyberbullying in California and speaking with a California juvenile criminal defense attorney at the Law Office of Katie Walsh, who can defend them, will allow your child to remain in school.

What Is Cyberbullying?

The definition of “cyberbullying” is as follows: when an individual uses a computer, cell phone, or other electronic device to inflict harm, demean, or cause pain to another individual.

Just as an example, if a student uses Instagram to send demeaning messages and nasty comments to another student, then that would be considered cyberbullying.

On its own, cyberbullying is not, specifically, illegal within the state of California. But, there are two crimes that can be, and often are, considered cyberbullying in the state of California:

  • If someone intentionally places another person in reasonable fear for their safety, or the safety of their family, using a method – or methods, for that matter – of electronic communication, then they can be charged with a crime.
  • If someone electronically distributes, publishes, emails, or makes available someone else’s personal information with the intent of harassing that person or inciting/producing an unlawful action, then they can be charged with a crime in the state of California.

Every single one of these crimes is rooted in illegal electronic conduct and harassment, the latter of which is defined as a knowing and willful course of conduct directed at a specific person for no legitimate purpose.

Can Your Child Get Expelled For Cyberbullying In California?

If your child is accused of cyberbullying, and if there appears to be merit to this accusation, then they can be suspended or expelled from their school.

Even though the above is true, your child can only be expelled from cyberbullying if at least one of the following conditions is met:

  • The cyberbullying occurred while going to, or coming from, school.
  • The cyberbullying occurred on school grounds.
  • The cyberbullying during the school lunch period.
  • The cyberbullying while going to, or coming from, a school-sponsored activity.

If any one of the conditions is met, then your student can be expelled for cyberbullying. But, in order for that to occur, the cyberbullying they have been accused of must meet one of these conditions:

  • The cyberbullying caused the victim to experience substantial interference with their academic performance.
  • The cyberbullying caused the victim to experience substantial interference with the school activities, services, and privileges they enjoy/partake in.
  • The cyberbullying caused the victim to experience substantial interference with regard to their physical and mental health.
  • The cyberbullying placed the victim in a state of fear due to the potential for harm regarding themselves or their property.

Just as an example, if an act of cyberbullying caused a student’s academic performance to weaken, then the student who instigated this cyberbullying could be expelled from the school they are currently enrolled at.

Speak With An Orange County Juvenile Criminal Defense Lawyer Today

Your child is entitled to a hearing that must occur before they are officially expelled. During this hearing, your child can, with the help of their lawyer, demonstrate and protect their innocence.

Speak with an Orange County juvenile criminal defense lawyer at the Law Office of Katie Walsh today, and we will assist your child in obtaining the best possible legal outcome.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

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AR, criminal client

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Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

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GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

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JW, former juvenile client

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KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...


My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...


My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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