Yes, there is a civil claim, called a tort, for battery. In civil cases an actual physical touching is a "battery" not an "assault" The causing of fear of an imminent touching is an "assault" so you probably have both.
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I agree with my colleague that you likely have an assault and battery claim; however, any potential recovery will be based on whether you received medical treatment for your injuries and how bad your injury is. If you did not receive treatment and do not need treatment then unfortunately, it may not be worth pursuing the matter. Granted, there is the potential for punitive damages but it depends on the circumstances, such as did he strike you once or multiple times, how the incident escalated, etc. You should contact a personal injury attorney in your area to discuss your options. The consultations are generally free, so you have nothing to lose. Good luck.
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Maybe. Because of your familial relationship, the answer may depend upon your age or whether you are emancipated. If you are, in fact, a proper party to file suit, you may seek to recover general, special, and punitive damages because assault (actually simple battery or battery in your case) is an intentional tort. Be aware, however, that homeowner's insurance policies generally contain an exclusion for intentional acts, so you need to be careful not to plead your case in a way that results in no insurance coverage, even if the defendant "has financial means." You need to retain a lawyer to help you with that issue.
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You can, if you are 18+ or an emancipated minor.
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Troy Marsh made some good points on the insurance and civil side, which should definitely be kept in mind (that is, about not framing the "intentional" aspect of the claim so much that you wind up "pleading yourself out of coverage." True, because usually insurance does not cover intentional torts. But another perspective is that if it was IN FACT intentional then "call a spade a spade," especially if he has independent financial resources: you do not necessarily have to be overly concerned with losing the possibility of getting insurance money. Just depends on your main goal. Also, while you are considering all of you possible options, I respectfully suggest that you consider getting a Protective Order against him. That is "civil" in nature, but the violation of it can carry criminal and civil ramifications to protect you. I suggest you talk to a family law attorney about that. While the criminal case is going on, I would hope that there are already special conditions of the bond (assuming he bonded out of jail) that state very clearly that he should have no violent or threatening contact with you. The bond conditions might even say that he can have "no contact" with you at all. Check that and make sure you have a certified copy of the bond with you just in case another event arises. If he violates that, he can go back to jail and stay there pending the case. There might be what is called a "victim's advocate" in the prosecutor's office who deals solely with domestic violence victims. They can walk you through these issues. Even if there are bond conditions in place, though, you might want a civil protective order so you can have a little more control over the situation. Consider all angles to regain control over your safety and your life to stop his abuse. I wish you all the best in this difficult situation.
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