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