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What is Attempted Assault?

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 and how the laws can affect you.

Can a victim get a restraining order against a person for attempted assault?

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. First, 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.  

What can an individual do if he/she was kicked by a police officer after being handcuffed?

The individual 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.

Can a person be sued for honking the horn at a horse and endangering the life of the rider?

If the individual can provide sufficient proof of the incident, he/she may take criminal action against the accused person.

Can a person be held criminally liable for attempted assault when it was in self-defense?

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.

Is an attacker liable for a bystander’s injuries if they missed the person they were aiming at?

If an individual hurt a third party in their attempt to assault you, then it is possible to hold them responsible for the third party’s injuries.

Being a victim of attempted assault can be a traumatizing experience. Not knowing what to do and what action to take against the perpetrator can be even more frustrating. The laws and rules may be different from state to state. It may not always be practical for you to hire an attorney to get a few answers in your respective situation. Legal Experts are always available online to answer all your questions. 

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