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I live in ohio, have been divorced for 2 yrs. My ex and his

girlfriend tried to get a...
I live in ohio, have been divorced for 2 yrs. My ex and his girlfriend tried to get a TRO against me which was denied. I was married to him for 20 yrs and abused all 20 yrs. I have photos, hospital reports, medical and psychologist reports documenting the 20 yrs of abuse.(each specific incident is documented - I have over 100 photos, etc) He physically assaulted me after the TRO was denied. Can I sue him for domestic violence for that offense as well as the 20 yrs of abuse?
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Answered in 14 minutes by:
5/28/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
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TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Did you ever report this to the police?

TexLawyer :

Also, when was the last time he assaulted you?

Customer:

I only reported the last assault which was 2 weeks ago. After he lost his TRO case against me.

TexLawyer :

In that case, you can sue him for assault. The statute of limitations for assault in Ohio is 2 years, so you can sue him for any assault that took place within the past 24 months.

TexLawyer :

Also, you should report this to the police, if you already have not done so.

Customer:

I have a folder with the 20 yrs of domestic violence. which includes pictures, hospital, doctor, psychologist can I sue for damages, etc

TexLawyer :

You can sue for the damages of any assault that took place within the last 2 years. Anything older than that would be beyond the statute of limitations.

Customer:

So I can't file a civil suit against him for the past 20 yrs?

TexLawyer :

You may be able to use those previous assaults to increase your emotional suffering claim, under the theory that each time the emotional suffering was worse, so the others that were outside the statute of limitations are relevant to calculating the damages on the assaults you may sue for.

TexLawyer :

The assaults included in your lawsuit may only be for the past 2 years, but you should be able to use all the things from the past 20 years as evidence to increase your damages for emotional suffering.

TexLawyer :

Does that make sense?

Customer:

How is that calculated? I'm not looking for millions of dollars, but if this is only worth a few thousand dollars then is it even worth prosecuting?

TexLawyer :

There is no specific formulia, you just have to try to put your best guess on it. Many people try to figure it out by asking themselves how much they would have to be paid to avoid going through it again. Whatever that number is XXXXX a reasonable place to start.

Customer:

Would a lawyer find this type of case worth it? Is it financially worth it to an attorney to take on?

TexLawyer :

It is hard to say based on the limited information available, but, typically, if a case is even worth a few thousand dollars there will be a lawyer who will take it.

TexLawyer :

So, my guess would be that someone would, but I can't say for sure without looking at the entire case.

TexLawyer :

Your odds are somewhat increased considering the documentation you've already gathered.

Customer:

Since he just assaulted me a few weeks ago, do I go to the state prosecutor or do I go the civil route?

TexLawyer :

If you need assistance finding a lawyer, you can use www.lawyers.com or www.martindale.com. Both are reputable websites.

TexLawyer :

You should definately report it to the police. Even if you do, you can still pursue a civil lawsuit, as well.

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
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Chris T., JD
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