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Trespassing and fighting

Aurora, IL |
Filed under: Criminal defense

This girl came to my house to fight me . We both have very bad "battle wounds" now she is threatening to sue me .. Can she do that? ..could I sue her for trespassing and harassment ?

Attorney Answers 3


You both certainly can "sue" each other for a variety of civil torts, but the real question is will you be successful in your litigation. This sounds like a "mutual combat" situation. Generally speaking, if you felt threatened or harassed, your remedy is to call the police. Unless of course, your immediate safety was threatened, then you certainly have a right to defend yourself.

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Whether or not you have a viable case would certainly depend upon several additional facts:

1. That there was in fact a trespass.
2. That there was in fact harassment.
3. That there is proof of the trespass, and/or the harassment (e.g., a police report, witnesses, etc.).
4. That your so-called "battle wounds" were in fact injuries.

Basically, you need to show that there is wrongful conduct on the part of the other party, that gives rise to a civil cause of action, that you were injured and that those injuries are documented and not minor, and that there are no defenses to your claim.

Finally, and just as important as all of the above, if you do sue that person and win a judgment for money damages does that person have the resources to pay that judgment? In other words, will you ever see a dime from that person?

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First things first, if you engaged in fight and no one got arrested there is no criminal battery charges pending so far. Now, if a person chooses to sue for damages (medical bills, loss of normal life, disfigurment etc.) incurred in a fight with you, for instance, that becomes a civil matter and the burden of proof lies on the plaintiff (the suing party).
Can a person threaten you with a law suit? That probably happens daily. Will she? That remains to be seen. Consult a civil attorney if you are sued.
If you are arrested on a criminal charge in connection to the fight, remain polite, calm, do not make any explanatory statements, seek counsel on a criminal attorney.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 101, Chicago, Illinois 60607 773-562-8602

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