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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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On March 19 2014, my husband kicked me very hard in a

Customer Question

On March 19 2014, my husband kicked me very hard in a domestic dispute. He bent my legs back to my ears and used his steel toed boots to kick me on my tailbone. He also bent my finger so now it has no circulation. I left and never went back. But that night I slept in my car in the parking lot of the office building I worked at and my boss found me there on her way in to work. I went to a clinic to have my finger checked out so that is recorded, but the tailbone issue only started about 6 months later. Now I can hardly sit anymore and although my chiropractor told me it is scoliosis, all my research is pointing to the attack. I will be going to a doctor for more diagnosis. My question is, can still file for assault? I don't trust him to lose his noodle again, and even though I went to the police station the next day and stood at the counter, I didn't have the nerve to file charges. What do i do??
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying the assault was a year and a half ago?

Are you still living with your husband?

Customer: replied 1 year ago.
assault was March 2014
No, did not return to house after that assault
Customer: replied 1 year ago.
ok - so now what? Is that it?
Expert:  Debra replied 1 year ago.

You can call the police and ask to make a report.

You can explain that this was a serious case of domestic violence and how you tried to report this but got too scared but now you are ready to make the report and especially want to do this because you realize that you have suffered long term, likely permanent injury at his hands.

Customer: replied 1 year ago.
there is no time limit for assault?
Expert:  Debra replied 1 year ago.

There is no time limit for assault causing bodily harm if the Crown decides to proceed by way of indictment (treating it more seriously) than as a summary conviction offence.

Customer: replied 1 year ago.
ok, so I press charges, we go through a divorce, and if all goes well he has to pay for my medical treatments? I am already at $3k and I am not close to being fixed. Should I have a medical report before I go to police?
Expert:  Debra replied 1 year ago.

The police charging him is separate from any civil action. His sentencing is not going to deal with costs for your medical treatment.

But you can raise this in family court.

Customer: replied 1 year ago.
family court...what is that for in this process? Do I have to have him charged in order to raise it in this family court? Basically, I don't really know the right steps to take this through.
Expert:  Debra replied 1 year ago.

You have to report this to the police if you want him charged.

You need a family lawyer to assist you in getting issues relating to the division of assets and support resolved and this issue of medical expenses can be raised as one of the issues.

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