Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Attempted assault is when an individual intentionally tries to physically harm another person or means to cause him/her mental distress. It is important for you to know your rights in an attempted assault case, and how the laws can affect you.
You may be able to get an Ex Parte Order of protection or “restraining order" against a person for attempted assault, depending on the circumstances and likelihood that the assault could be attempted again. An individual may request for an order of protection 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 in the future. You'll first want to talk to your local law enforcement to fill out the request for an order of protection. In extreme cases, where the assault is likely to be attempted again or credible verbal threats have been made, an emergency order of protection can be granted by a judge. In cases where it is less likely, they may require a court hearing to decide whether or not the circumstances support such an order.
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 be decided by a judge or a jury if either party requests for a jury trial.
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.
If you attacked someone in self-defense, the only two claims that he/she may be sued for are attempted assault and battery. You may have a chance of beating both charges if you can argue that what you did was in self-defense. Also, if the person who has filed the lawsuit has a history of assault, either in charges or convictions for a similar crime, the court may dismiss their lawsuit against you.
If an individual hurt a third party in their attempt to assault you, he/she may be responsible for the third party’s injuries. If you did not get injured in the altercation, the individual may not have any liabilities towards you.
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 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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