QUESTION

Can I still file for assault if the incident happened a month ago and there are no evidences but have two witnesses?

Asked on Sep 11th, 2012 on Personal Injury - California
More details to this question:
A month ago, I was attacked by a 15-year old pregnant girl. She slapped and scratched me leaving a bruise. I held her dominate hand by her side so she could not do worse physical harm. I was pregnant at the time of her assault, and currently still am. I did not call the police at the time of the incident because she is my sister-in-law. She is currently slandering my name and causing mental distress. I was wondering if there is I can do. If needed, I am willing to submit a lie detector test.
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12 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Yes.
Answered on May 28th, 2013 at 8:08 PM

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Yes.
Answered on May 28th, 2013 at 8:07 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Although you were "injured" your main question ("Can I still file for assault if the incident happened a month ago and there are no evidences but have two witnesses?") really involves a question of criminal law. This law Category is intended for questions involving civil liability for and compensation for injuries. However, I do not believe there is anything that would prevent you from contacting the police and reporting the assault. The police would investigate and decide whether a citation would be issued. The police have discretion in deciding whether to issue a citation. If no citation is issued, you can try contacting the City or County Attorney, depending on the city you were injured in, and asking them to file charges against the woman who assaulted you. Again, they would have discretion whether to charge. The fact that there is no "evidence" does not necessarily matter as long as you have witnesses to the incident. For a more definitive answer about whether you can "still file for assault" you might want to re-ask your question and select "Criminal" as the Category rather than "Injury." With regard to your sister-in-law "slandering" you name you could sue her if you are truly being "slandered." First, depending on what she is saying you may need to ask her to stop "slandering" you. Second, to win a case involving defamation (slander is just oral defamation), the first thing you must be able to prove is that the statements are false. Relatedly, for a statement to be defamatory it must be an assertion of a fact, not an opinion, with a couple of exceptions. The statement must be one that could be proven, using an objective standard, either true or false. For example, if your sister-in-law said you were "mean" that would not be defamatory as it would it would be an opinion rather than a fact as it could not be proven true or false; each person has their own opinion about what it means to be "mean." There are some statements automatically considered defamatory, if they are false. There are a few other elements you would need to prove and possibly a couple of other requirements to win a defamation case, which are dependent on the facts of the case. I cannot comment on whether you have a defamation case as you do not state what your sister-in-law is saying about you. Your "mental stress" would be an element of damage you could claim in a defamation case.
Answered on Sep 17th, 2012 at 6:51 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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You have a year to ask a magistrate to issue a warrant charging her with battery. It sounds like she will then have one issued for you. My advice would be to stay away from her.....no contact!
Answered on Sep 17th, 2012 at 6:50 PM

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Ronald A. Steinberg
You can talk to the police about filing an assault case. It sounds like this kid is nuts. I would stay away from her.
Answered on Sep 17th, 2012 at 6:49 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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You can report it to the police. If you want to sue civilly you have one year.
Answered on Sep 17th, 2012 at 6:48 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You can sue for battery, but a bruise is not that significant of an injury. I presume you did not incur medical expenses. If you did, she could be held liable for those expenses. You say there are no evidences but you there are two witnesses. A witness' testimony is evidence. The time frame is irrelevant as you have 2 years to sue for battery.
Answered on Sep 17th, 2012 at 6:47 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You may contact your local prosecuting attorney's Office to report the assault and battery. Or you can consult with a lawyer who handles assault and battery cases.
Answered on Sep 17th, 2012 at 6:46 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I DON'T THINK THE POLICE WILL CARE ABOUT A FAMILY DUSTUP BUT YOU CAN TRY TO REPORT THE MATTER. THE FACT THAT YOU WAITED MAY BE THE BIGGEST PROBLEM.
Answered on Sep 17th, 2012 at 6:46 PM

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Yes, you can file a police report and make sure to give them the names and contact info of the two witnesses.
Answered on Sep 17th, 2012 at 6:45 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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The police are not going to be interested. See if you can get an older member of the family to sit down with the two of you for a peace talk. No accusations, no recriminations, no retribution. Just, can you leave each other alone from now on.
Answered on Sep 17th, 2012 at 6:45 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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It doesn't sound like much of a case.
Answered on Sep 17th, 2012 at 6:44 PM

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