Peace order keeping 10-year-old out of Germantown elementary school

Child's play or something criminal? A fourth grade student's parents in Montgomery County were called to come pick up their son after a classmate's family filed a peace order against the child.

We are told this all started when a 10-year-old girl spit on her 10-year-old male classmate at Daly Elementary School in Germantown. He then slapped her.

The incident reportedly happened on Nov. 8, but it wasn't until Tuesday that the 10-year-old boy was ushered out of class. His parents were called to pick him up after the principal reportedly says a peace order popped up on her desk.

"At that time I went down. We sat down and there was another young lady, the school investigator, the Montgomery County Public Schools investigator, she was there and we were all very confused," said the boy's mother.

The sheriff's office says a peace order is one level lower than a restraining order, but violating one is a criminal offense.

We're told the victim's father filed the peace order against the boy, ultimately prohibiting him from being around his daughter - school included.

This means the child will likely have to repeat the fourth grade.

His mother feels the consequences are extreme since she says both students were wrong.

We're told the peace order is intact until June 10.

"That's a long time for a 10-year-old to be out of school and, like I said, no other incidents have occurred since then, so I don't know what the intentions of the peace order is. I don't. I really don't and I need some help to try to get my son back into school and even the principal is not denying my son in school at all. She is just as confused," the mother said.

In a statement emailed to FOX 5, Montgomery County Public Schools says, "MCPS has established processes and procedures in place for addressing conflict and discipline in our schools. We believe these protocols keeps all students safe, helps them understand acceptable behaviors and ensures limited interruptions in learning for students."

The girl's father is a Montgomery County police officer. Law enforcement is looking into whether he used his position to influence the decision on the peace order.

The father says the boy has terrorized students at Daly Elementary School, including his daughter, and he filed for the peace order after the 10th incident.

The boy's mother admits she missed a court date to defend her son due to medical reasons.