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How can I file Civil Assault and Battery Claims? What kind of compensation should I be asking for?

Cypress, TX |
Filed under: Domestic violence

I was the victim of an assault & battery case. The kids (17,19) of my bf(at that time) and the kids' mom (ex-wife) lock me in the house and assault me. They used tie-wrap and duct tape on me, does that consider weapon? Would this consider a Family Violence case? How and where should I start a lawsuit? I was hospitalized for 5 days and i'm going to counseling every other week for PTSD. What kind of compensation would I entitle?

Attorney Answers 3


First, you should report this to the authorities. That should be your number one consideration. Second, after you have helped them with their investigation, you should consider consulting with a personal injury attorney in your area.

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You need to call your local police immediately and file a police report. Anything can be considered a deadly weapon, including hands and feet. It would be considered a family violence offense with regard to your ex-boyfriend and a regular assault with regards to the other people. It sounds like your injuries were severe enough that it may be categorized as Assault Causing Serious Bodily Injury, which is a felony. They could also be charged with unlawful restraint or kidnapping.

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I agree with the other lawyers who advise you to contact police and make a report. It is family violence as it involved the father of your children. It would be an assault as well as a kidnapping.

A criminal prosecution could result in some compensation to you for your expenses. A civil lawsuit must be brought within 2 years of the incident.

Cynthia Henley

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