Have you ever been physically assaulted? The law takes physical assault as both a civil and criminal case. Assault can result from a minor or significant disagreement between two parties. Any unlawful touching or mishandling a person without their consent is a physical assault. It could happen within families or among strangers.
According to reports, one woman among four gets physically assaulted by their partners. In most cases, it can be sexual violence while in others, it is hurting a person physically by hitting them. In some circumstances, it leads to injuries, emotional trauma, and death.
Regardless of the method used, assault should not go unpunished. That is why we will let you know of the dos and don’ts of physical attack to help every victim in this situation. Find out more!
What does the law say regarding physical assault?
The government prosecutes the criminal case according to criminal laws. You also have a civil suit which allows you to sue the defendant under civil law. This will help you get compensation for medical expenses due to the injuries. The criminal law prosecutes the defendant after analyzing the intensity of the harm they have caused you.
For the civil case, as the victim, you must prove that the defendant is responsible for the assault and show the injuries. This can be through pain and suffering or emotional distress. If the laws of your state allow, the insurance of the defendant can pay you for the damages.
What should you during a physical assault?
Get away from them
A person who is violent has impaired judgment and poor problem-solving skills. The best solution is to stay away from them for you not to stimulate these emotions. They may be a family member or a co-worker whom you have to see every day.
In this case, don’t stimulate them, you need to maintain composure. If you remain calm, the defendant cannot argue that you lashed out on them during the assault. Your reaction determines if you can sue them and get compensation for damages from the attack.
Call the police
Involve the local authorities. Give the law enforcers your full cooperation. Ensure that you give facts as they occurred without leaving any crucial data as you give your statement. Give the causes for the assault and a history of your relationship with the defendant.
Prompt investigations facilitate the process smoothly. They can also question the defendant and get their statements to cover the case broadly. With the help of the police, you can identify witness to elaborate what they saw before they forget details of the incidence.
Go for a medical checkup
Physical assault can not only injure you physically but also cause emotional trauma. Both medical and psychological treatments can help you recover from the incidence. If there are any visible wounds, the doctor can take pictures of any bruises and abrasions on your body for court purposes. They can give you medical records to be part of the evidence in court.
Therapy can help you deal with the shock and teach you ways to cope with it. Treatment aims at preventing depression cases from the assault. You can remain under medical care for some time depending on the intensity of the harm.
Look for an injury attorney
A civil injury attorney can give you all the information regarding your case as well as provide advice on how to handle it. You can give all the evidence you have gathered to your lawyer and attend court proceedings. Get an experienced lawyer so that they can help you win the case.
Consider lawsuit loans
If you are suffering financially and need to settle your medical bills, greenleafcapital can help you out. They give you some cash to straighten out your life as you wait for compensation form the case. They, in turn, buy your right to some of your settlement at the end of the suit.
What are the don’ts of physical assault?
Avoid contact with the defendant
Even if your husband is behind the physical assault, staying away from them as the case proceeds is a wise decision. Move out for some few days and don’t receive their calls if they try to reach you. You can get a legal protection order from the court that hinders them from contacting you. If they persist after a no-court order, the jury can add to their charges. Let your attorney help you get the order.
Avoid discussing the civil charges
The criminal charge should come before the civil charge. If you bring up the civil claim, the defendant may use it against you. They may claim that you intend to obtain money from the lawsuit. Let your attorney guide you on the two charges.
Don’t discuss the case
Be careful who you share the incident with during this delicate point. If you talk to their friends about the case, they may be aggressive towards you again. Let the court handle the matter without friends or family members interfering with the process.
Don’t think of revenging
Getting back on a person who is physically abusive could lead to severe complications. This is how such cases end up causing deaths since the parties could not let the legal system handle the situation. No matter how bad they have hurt you, the law is the best solution.
Don’t be influenced to drop the criminal charges against them
This is a mistake that most people do. It is common in families and workplaces. For instance, an abusive husband can promise the wife to change if they only drop the charges. Out of love, the wife gives in and goes back home. In such a case, there is a high possibility of the assault continuing or even increasing as a punishment to the victim.
In as much as we promote peace in our state, some people continue causing physical assault. If you are a victim of such, come out and find help through what we have discussed. The law is there to protect your rights and punish the defendant. You deserve to be happy!