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Attempted Assault Questions

What is attempted assault? When an individual intentionally tries to assault another person and tries to cause him/her physical and mental harm, it may be called attempted assault. It is important for people to know their rights and privileges in an attempted assault case. It may not always be easy to find information about attempted assault. Given below are popular questions about attempted assault that are asked by people.

Can an individual get a restraining order extended against a person for attempted assault?

An individual may be able to get a restraining order against a person for attempted assault extended if the person tries to contact him/her after the restraining order has been obtained. If the individual moves to a different state and the accused tries to contact him/her in the new state, he/she may also apply for a restraining order in the new state.

What can an individual do if he/she was kicked by a police officer after being handcuffed?

If an individual was kicked by a police officer after being handcuffed, he/she may file a lawsuit against the officer for attempted assault, battery and intentional infliction of emotional distress. The hearing may either be decided by a judge or a jury if either party requests for a jury trial.

Under what circumstances can an individual request a restraining order against someone?

An individual may request for a restraining order against someone if he/she has attempted to either verbally or physically assault the individual and he/she feels that he/she is at risk of physical injury from this person.

Can an individual be sued for intentionally blowing his/her horn and scaring a horse and endangering the life of the rider?

The laws regarding traffic and vehicle violations may differ from state to state in the US. In some states like Alabama, an individual may be sued for a number of things like attempted assault, attempted battery, cruelty towards animals and reckless driving. If the individual can provide sufficient proof of the incident, he/she may take criminal action against the accused person.

What can an individual do if he/she tried to defend himself/herself and has been sued for attempted assault and battery?

If an individual attacked another person for self defense, the only two claims that he/she may be sued for are attempted assault and battery. The individual may have a chance of winning both these suits as he/she can argue that what he/she did was for self defense. Also, if the person who has filed the lawsuit has a history of assault and scaring the individual in the past, the court may dismiss his/her lawsuit against the individual

If an individual attempted to assault another person, but hurt a third party instead, would he/she be liable to the third party’s injuries?

If an individual hurts a third party in his/her attempt to assault someone, he/she may be responsible for the third party’s injuries. If the person whom he/she attempted to assault does not get injured, the individual may not have any liabilities towards him/her. However, he/she may be liable towards the third party.

Being a victim of attempted assault can be a traumatizing experience. Not knowing what to do and what action to take against the person who attempted the assault can be even more frustrating. The laws and rules regarding attempted assault may be different in different parts of the USA. It may not always be practical for you to hire an attorney to get a few answers about attempted assault in your respective state. In such a situation, you can always ask an Expert for information on attempted assault.
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