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For domestic violence cases, how is the valid time to sue…

For domestic violence cases, how...
For domestic violence cases, how long is the valid time to sue people from the day of being attacked?
The evidence injury from hospital isbody injury like scratches on arms, the bones in feet were bruised.
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Answered in 7 minutes by:
3/19/2018
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,651
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good morning,

The statute of limitations (or legal time period in which you could sue) someone civilly for assault and battery in Minnesota is 2 years from the date of injury. Minn. Stat. § 541.07(1) (2016).

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Customer reply replied 1 month ago
I want to ask for my friend.
My friend have domestic violence in the marriage.They have arguments and they both get scratches and bruised.
She did not go to hospital for evidence. But the man did, the evidence injury from hospital is body injury like scratches on arms and the bones in feet were bruised, not concussions. But the man keep saying her wife give him many concussions in the past. But he is a lair.
Recently he set to trap by leaving her, make her admit attacking in the voicemail box. Will that become evidence?
What she will get if the man try to sue her?

It's impossible for me to predict how much money he would get if he sued her for monetary damages. He may be able to sue for things like medical expenses, lost wages and pain and suffering, for example. But he can only sue what he can prove -e.g., if he cannot prove past concussions, then he likely wouldn't be able to recover for that.

Voicemail can be used as evidence, yes.

Most people when they talk about domestic violence are not talking about suing for money though. Domestic violence is a crime, and had the police been called, one or both of them could have been arrested for assaulting one another.

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Customer reply replied 1 month ago
Is that mean he cannot sue her for concussions? Is taking can be evidence?
He did not admit stop her breathing by covering her mouth. She loves her husband, she did not keep any evidences for herself.
Will she get into jail?
Customer reply replied 1 month ago
typo here. Is talking can be evidence?

He can sue for any injuries he claims, but he has to be able to prove it. If there's no medical evidence of injury or that she caused it, it's not likely to be successful.

Merely talking isn't necessarily evidence, but if he has a message from her admitting that she hit it, that could be used as evidence. Similarly, statements in something like a police report could be used as evidence.

When did this happen? Were the police contacted about it?

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Customer reply replied 1 month ago
He threat her by leaving her, that can become evidence? It is a trap.
What you mean is he can sue her for scratches and bruised,but not concussions.
That happen last year, they did not tell police yet.

Leaving her isn't evidence of anything.

What I mean is he can sue for anything - but if you sue, you have to provide evidence. The court isn't going to just take his word for it. So if he claims that she cut, and scratched and bruised him and gave him a concussion, he needs evidence to show that she caused his injuries.

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Customer reply replied 1 month ago
He threat her by leaving her, that voice mail can become evidence? It is a trap.
Because she did not have evidence, do you mean she cannot sue him, even she had scratches and bruised, he stop her breathing by covering her mouth?

She can sue but with not evidence of injuries or that he caused those injuries, she would not have a successful case.

Without hearing the tape I cannot guarantee whether it can possibly be used as evidence. If she's freely admitting that she caused him injury though, it is possible that it can be used as evidence.

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Customer reply replied 1 month ago
She is not freely admitting that she caused. That is because he abandon her and said if she did not admit attacking, he will not come back.
If the man mentioned about attacking in the divorce document, will that make she in trouble?
Will she go to jail?

Minnesota is a "no fault" divorce state, meaning you can only sue for divorce on grounds that the marriage has irreconcilable differences. So allegations of abuse cannot be brought up in the divorce.

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Customer reply replied 1 month ago
Will she go to jail?
She is not freely admitting that she caused. That is because he abandon her and said if she did not admit attacking, he will not come back. Will that still evidence?

That's impossible for me to answer -for anyone to answer. What I can say is that his happened a year ago, and the police weren't even called. There were presumably no witnesses to what happened. I think it would very hard for a prosecutor to convict her.

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Customer reply replied 1 month ago
With the medical evidence, it would very hard for a prosecutor to convict her?
It happen 3 months ago, near the end of last year, will that change the result?

Medical evidence shows proof of injury, doesn't necessarily prove that she caused the injury. Furthermore, if this was "mutual combat" where they were fighting one another, that could be argued as a defense.

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Customer reply replied 1 month ago
There is no evidence show that they are fighting each other.The man will say only his wife attack him.
What she should do?
"if this was "mutual combat" where they were fighting one another". is that mean she will not be guilty?

In order to even make an arrest, police would need probable cause (a reasonable belief) that a crime was committed. If he were to try to file a police report now --months after this took place, when there were no witnesses, and nothing to coroborate his story, I don't even think the police would act on it, to be honest. In a typical domestic violence case, the arrests are made at the time of the incident because either one of the parties calls the police or someone hears the fight and calls.

Mutual combat is a defense that can be raised if someone is actually charged with domestic violence. They can argue that they should not be convicted because both parties were engaged in fighting one another.

But let's not get way, way ahead of ourselves. The husband hasn't even gone to the police and may not --and even if they do, as I said, I'm not sure how seriously the police would take it when the incident happened months ago. I wouldn't automatically assume the worst thing is going to happen.

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Customer reply replied 1 month ago
Based on your response"The statute of limitations (or legal time period in which you could sue) someone civilly for assault and battery in Minnesota is 2 years from the date of injury. Minn. Stat. § 541.07(1) (2016)."
1.Do the man still can sue her within 2 years even he didn't call the police at the start?
2.How to proof they are fighting each other, not one person's attacking?
3. Will man be sued because he stop her breathing by covering her mouth, scratches and bruised without evidence?
1) He can still sue - in a civil case you sue for money. A criminal case has nothing to do with that.2) Witnesses, proof of injuries to both people, etc.3) As I said, if she wanted to sue for injuries she could, but without evidence it would be very hard to prove her case.
RobertJDFL
RobertJDFL, Attorney
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Satisfied Customers: 14,651
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