We were having a children's birthday party at my house where my son also lives my son was beaten to almost unconscious by his baby's mother's New boyfriend in front of his daughter and his three nieces and nephew and I have a video of my my granddaughter uncontrollably crying while I'm asking her questions about what happened to her daddy and my son did not want to press charges but my grandchildren are a mess I also have pictures of my son's face it happened in our house
This is not a family law issue. I am changing the practice area for you.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
i am so sorry to hear what your family has been through. You can still report this to the police and I would do so sooner rather than later. This is not only a potential civil issue but it's a crime. The practical problem that you may have with suing this individual in civil court is that even if you can establish what happened and the injuries that resulted, finding insurance/money may be a problem. Insurance typically does not cover intentional acts, such as assault, battery, etc. Unless this individual has money or assets, suing him may be impractical. The criminal justice system does, however, provide for restitution so that may be your better bet. You can certainly consult with a personal injury attorney to get an opinion.
Florida subscribes to the "impact rule," which means there must be some physical contact between the aggressor and your grandchildren.
Your son, of course, has a case. The question becomes, "Does this person have anything to collect?"
Here's the problem: Insurance doesn't cover deliberate acts, so that's out, and our courts don't award money, they award judgments.
So if this person has nothing, then you get nothing. Such people are called "judgment proof."
In most such cases, your son is better off reporting the beating to the police and possibly getting an injunction for protection.
My answers are not legal advice, and I am not your attorney unless I agree to accept your case and you sign a contract. Avvo is only a general question forum, so you should seek a consultation about your specific legal needs. Please forgi want typographical errors. I'm often replying via via my cellular phone. .
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