- August 6, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Unlawful Assault and the Pursuit of Accountability: Navigating the Consequences
Heading 1: Unveiling A Troublesome Past: Threats, Deplorable Acts, and Consequences
In a distressing turn of events, my former girlfriend resorted to physical violence by striking me in the face, causing severe damage to my nose. Unfortunately, this violent incident is not an isolated one, as she has previously made threatening gestures towards me and engaged in a series of deplorable actions throughout our year-long relationship.
Heading 2: The Agony of a Retained Text and its Impact on Personal Safety
Adding insult to injury, my ex-girlfriend escalated the situation by unlawfully seizing my phone, using it as a leverage to express her dissatisfaction with a negative text message from a close friend who disapproved of our relationship. Threatening to throw my phone into a retention pond, she left me desperately attempting to salvage it. In my desperate attempt to retrieve my phone, she responded aggressively by forcefully striking me in the face, causing irreparable damage to my nose.
Heading 3: Self-Defense as a Dubious Alibi: Exploring Accountability
As the dust settles, my ex-girlfriend attempts to assert a self-defense claim which raises significant questions regarding her culpability for the unreasonable acts committed against me. Clearly, my sole intention was to protect my recently acquired phone from being irreversibly damaged, rather than engaging in any act of aggression.
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****** just grabbed a
File a police report.
She’s free to argue self-defence if she wants, but the amount of force that is reasonable to stop you from reaching something she was holding is pretty low. Since you were actually injured, and especially since she wasn’t, it’s not clear that a self-defence argument has legs.
You can also, if she avoids criminal charges, talk to a personal injury lawyer about perusing her for your medical bills.
To add to all the good advice that’s been given, if you make a police report you will be eligible for your state’s Crime Victim Compensation Fund which will cover the cost of your surgery (whatever your insurance doesn’t pay for). Google “<your state> Crime Victim Compensation Fund” to find out the details for your particular location but when I got assaulted and needed nose surgery in Illinois they covered up to $17k. It’s probably gone up in the last fifteen years since that happened and the amount does vary by state but it’ll be a good start.
As others have mentioned:
1. File a police report. Her being convicted of a criminal offense however does not entitle you to any compensation. It just means she has repercussions (fines/jail, etc.) However he being convicted can help you in a civil court.
2. Find a civil lawyer — you’re probably looking for someone that specializes in personal injury. You should probably shop around to at least 3 lawyers, but maybe more. Generally they will have different payment schemes. You want to be able to show damages in court. So keep a record and receipt of everything you do related to your nose. Keep records and receipts of pre-surgical consultations, the surgery itself, and any recovery you require. Keep track of medications you’re required to take, time missed from work, etc. The idea is you want to show the negative outcomes of her actions. This may (depending on where you live) entitle you to more financial compensation.
Generally, you can’t instigate an altercation (such as by stealing property and threatening to destroy it) and then claim self-defense. Even if you hit her, she still wouldn’t have a self-defense claim because she instigated the altercation. Of course, that would lead to charges for both of you. Assuming you didn’t hit her, and you just grabbed your phone back, I dont see that rising to the standard of battery or assault so you shouldn’t be charged. She definitely should be, though, and I encourage you to press charges and file a civil suit for your medical costs. I’m not a lawyer, though, and this isn’t legal advice, so you should definitely consult an attorney.
Go to the hospital to get a record of it and also go to the police for the same reason make sure paperwork gets filed.
File police report regardless and try to get her charged and sued.
Were there any cameras around that could potentially testify to ur claim as well? If not, report it regardless. Truth wins.
Call the cops. File a report. Please.
Even if she takes self defense as her defense, she should still get charged with assault bodily injury of a family member.
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You need to get a paper trail going and file for a restraining order immediately. File a police report, get medical documentation of the injury (or injuries), collect any texts or emails from her about this and other incidents.. and if you donÔÇÖt have any, go to a safe place and initiate a text conversation recapping the assault to get it in writing. Take photos of everything and put it on google drive just in case.
Judges in RO hearings have a checklist of things theyÔÇÖre looking for: police reports, medical treatment, evidence of assault and ongoing threats. And speed matters, because the farther you are from the incident, the harder it will be to convince a judge youÔÇÖre in danger, which you are.
NAL, but have successfully obtained a RO against someone who assaulted me.
Edit: include all of the threats from her father, and consider filing for a civil harassment RO against him, too.
Get a restraint order against her ASAP
And get the hell outta dodge.
Stay away, danger.
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File a report asap.
Is the healthcare facility a nonprofit where you are getting surgery? Ask for the application for financial assistance or charity care.
Every non profit healthcare facility is required to erase medical debt for patients who make up to 400% of the federal poverty level under the affordable healthcare act. The amount of debt erased depends on how much you make, but every bit counts!
If you are having trouble navigating the process check out [Dollar For](https://dollarfor.org/) for more info about getting charity care and you can even get help applying if needed.
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