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I want to sue for Assault & Battery but DA drop charges

Appleton, WI |

This happened at TX 6 months ago. I live in TX when the ex-wife of my boyfriend rush down here from Appleton to assault me. 2 of my boyfriend's kids (16 & 18) were helping their mother to use zip-tie on my hands & feet. The ex-wife slam door on my head and i fainted on the floor. she then drag me on the floor which cause me bruises all over my body. she also sat on my chest and try to suffocate me by stuffing things in my mouth. i end up in hospital for almost a week with broken tissues on my chest and risk of heart attack. i made police report after my friends had brought me to her house after the assault . Today, the sgt. who handle my case left me a message saying that the DA (TX) won't proceeds with the case. WHAT ARE MY OPTIONS NOW?

Another problem is I'm living in Texas and they live in Appleton, WI. where should i hire a lawyer? I believe the DA drop the charges before they are not in the state but i will try to find that out later.

Attorney Answers 4

Posted

Your option is to contact a personal injury attorney to figure out if you have a claim worth pursuing.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

You should consult with a local lawyer. You have potential civil claims against the folks who hurt you. You may also want to follow up with the police/DA to find out specifically why they are not filing criminal charges. You may also contact the victim witness coordinator for the county (usually within the DA's office) for further information and assistance. Good luck.

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Posted

As suggested, you can find out why the DA decided not to pursue the criminl cse but, personally, I think that is not wort pursuit. You may sue civily. The comment re being wirth it is a place to focus. Do these people have any easily attachable assets? If no or not with out a lot of effort, you might be be better of to pursue a civil restraining order.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

I am not licensed in Texas, but will give you a legal answer and a practical answer. You can sue in civil court for assault where it occurred. A Texas lawyer would know what venue, but presumably where it occurred. From a practical standpoint, even though you may be able to serve her and sue her, collecting any judgment is difficult unless you know she has money. Since it is an intentional act, it is not covered by insurance and collecting on an individual who may or may not have money is challenging and can be difficult. Bottom line, is if you can obtain an attorney, he/she will be able to give you legal advice.

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