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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31740
Experience:  JD, BBA Over 25 years legal and business experience.
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Customer Question

Is it worth it?
Neighbor (woman) assaulted me a few weeks ago because of a dispute between our children. I recommended to my child that they should just leave the other kid alone. Another neighbor's kid was there too and asked he was included. I told him that that was his decision, but it certainly wasn't a bad idea to consider creating some time and space between them so the situation could cool down.
The woman confronted me, belligerently, in front of the kids and even tracked me down from her house and assaulted me (punched me in the face) in front of the kids. I yelled at her to keep her hands to herself and that she needed to immediately go home before it got worse for everyone. Other neighbors had to come out. I think that was the only reason she left. But, a different neighbor saw the whole thing and said that she would testify if I did file charges.

Normally guys just don't bother, but what message are we sending to the children? We try to teach them that hitting is not the solution to a problem.

I did file a police report the day of the incident and they recommended I get a peace or restraining order?

But, I'm at odds over whether it's worth taking her to court for assault.
One: for the simple fact that she had ZERO right to hit me. and
Two: to show the children that it is unacceptable and is not tolerated in society.

This isn't the first time she's bee accused of assaulting someone. The other was dismissed. But, shows a pattern. Is there really anything that will come out of this? Or am I just going to waste my time?

Jimmy
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome, Jimmy.

I am sorry to hear of your difficult situation, but admire your desire to do the right thing as an example for your children. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

It sounds as though you are more concerned about the perpetrator being brought to justice rather than seeking compensation from her, is that correct? Was it necessary to seek medical attention for your injuries after she punched you?

Customer: replied 1 year ago.


yes. it's not about money to me. any money that it would cost me to bring justice to this case would be the only thing I care about (realistic/actual).

 

no medical attention was needed. I was just shocked that she actually took a swing at all.

Customer: replied 1 year ago.


yes. it's not about money to me. any money that it would cost me to bring justice to this case would be the only thing I care about (realistic/actual).

Expert:  Tina replied 1 year ago.
Thank you for clarifying the situation for me, Jimmy.

Since you are not looking for compensation but justice in this situation, I would typically contact the local prosecuting attorney since they are the ones who ultimately decide whether to pursue criminal charges against the perpetrator. You would likely be required to testify at any trial that takes place, but the prosecutor would ultimately determine whether to pursue charges or not. If you express your willingness to testify as well as the witness' willingness to do so as well, that may encourage them to pursue charges.

You could obtain a restraining order against the individual if you are reasonably in fear for your safety. The police report and restraining order would typically provide notice that this individual may be dangerous and it would also provide a basis for the police to arrest the individual if she initiates contact with you, so if you are in reasonable fear for your safety, by all means seek a restraining order.

Here is a link that provides forms to file such a petition:

http://www.courts.state.md.us/family/forms/protectorder.html

A civil suit would not likely result in significant money damages being awarded and since you indicate that is not what you are seeking at this point, I would suggest pursuing the other two options noted above.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.

Customer: replied 1 year ago.

I accept your response as a valid one, but not really what I was looking for at this time. Not trying to avoid a rating or pay out. Just don't think this is what I was looking for. I already have links to paperwork for a peace order. Fear, nor is monetary compensation, are valid or necessary here.


Like I said, your answer was generally a valid one - for general advice, but not what I need. I pretty much had everything up to the point we are at. I appreciate your time, Tina.

Expert:  Tina replied 1 year ago.
Hello again, Jimmy.

I would be happy to address the situation further if there is something else you are looking for. I attempted to provide you with options available given the facts you provided to me and am not sure what else you may be looking for but I would be happy to assist you further if you let me know what you are looking for.

Thank you.

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