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I had an incident happen on Xmas. I was assaulted. I was…

Customer Question
I had an incident...

I had an incident happen on Xmas. I was assaulted. I was going to my bfs house. His mother of their child attacked me. In front of my kids. I was walking inside the house with my kids when she came at me. He called the cops and reported it. I pressed charges. She left after they kicked her out. I have been told she has been staying there at the house with now my ex. To me it seems like a set up. What should I do.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Washington state. December 25 2017

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet. I can't afford one. And I don't waste money if I don't have a case

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Um the cop took pictures. He told me to come over. He told me she had left. But when I got there it was clear she didn't and she was waiting for me.

Submitted: 4 months ago.Category: Criminal Law
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Answered in 1 minute by:
1/6/2018
Criminal Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Criminal Law
Satisfied Customers: 5,154
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Criminal Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There are two aspect of an assault. 1) Criminal and 2) Civil.

The police and the District Attorney take care of the criminal complaint. In that process you are the victim and a witness. BUT you do not get to decide what they do to the person who assaulted you.

BUT in regard to the Civil aspect you can sue her for the assault. If the BF was involved and conspired for this to happen you can sue him as well.

The type of lawsuit is called a "Tort." Because the Tort of pysical assault and battery is an "intentional tort" (meaning it is an act that had intent and was not an accident) you can recover punitive damages in addition to any meidcla bills, lost wages, and pain and suffering.

The attorneys who do this work do so on a Contingency basis. This means that they do not charge you any fee unless there is an award or a settlement. So it is worth at least consulting with a local attorney to review your case.

You can find a local attorney here:

https://www.justia.com/lawyers/injury-accident-law/washington

One of the biggest problem in these kinds of cases is that often the people who commit these acts do not have any money or assets. So suing them is sometimes a waste of time. BUT if there are assets (a house, savings accounts, or sometimes a home owner's insurance policy can be attached) then it can be worth suing. The attorney can do certain kinds of asset searches to see if there is something worth going after.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Category: Criminal Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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