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My husband is going to court for assault charges on a handicapped child. Can I as his wife be sued by the supposed victims
Durham, NC
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Posted 7 months ago in Criminal Defense
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The charges are bogus but I am very worried that due to the victim's status as minor the parents will sue my husband or me. Can they do that?
Answers (1)Michael R Lee
This attorney is licensed in North Carolina and 1 other state.
Posted 7 months ago.
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Yes, your husband can be sued for an alleged assault/battery on a child. This is called an intentional tort. If there are allegations that you were negligent in causing or not preventing the battery, and you owed a duty of care to the child, you can also be sued. If you are sued, you will have an opportunity to defend yourself in court. Your homeowners or renters insurance policy may provide you with liability insurance and a defense attorney. If your insurance carrier does not provide you with an attorney, you should hire one yourself. If the claims against you and your husband are truely "bogus," the judge has the power to enter an award in your favor against the party who brought the suit for your legal fees and costs.
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