Assault is a criminal offense whose legal definition varies from country to country. Assault is generally defined as “an act against another person of harmful and painful physical contact” with “the intent to cause physical harm.” In other criminal laws, assault is defined as an act of causing injury with a motive for causing physical harm. Assault acts, apart from violating the law, can also be categorized as violating civil law and can be punished under criminal or civil law. Several states in the United States state that the intent to “intentionally make harmful physical contact with another person” is unlawful, regardless of motive or physical injury. If you think you have been the victim of an assault, you can file a lawsuit against the culprit.
Step
Method 1 of 3: File a Lawsuit through the Police and Prosecutors
Step 1. Gather witnesses
If there are witnesses at the scene of the attack, contact them as soon as possible after you are attacked. It's important to take this step as soon as possible after an attack so that you can easily track down witnesses and make sure their memories of the incident are still fresh.
Step 2. Write down the details of the attack
To sue the attacker, you need to go to the nearest police station, especially if you didn't contact the police officer by phone or no one was there. Before visiting the police station, write down the details of the attack, the names of the people involved, and any other information about the incident. The police will ask for this information. Writing it down first will make it easier for you to remember it.
Step 3. Come to the nearest police station
After writing down the information needed to file a lawsuit against the assailant, immediately visit the nearest police station to report the case. Bring the information about the assault that you have written down to the police station.
Step 4. Call the police if you are unable to visit
You may not be able to come to the police station for some reason. For example, you may be afraid to run into an assailant. If so, call the police by phone, explain the incident, and explain why you couldn't come to the police station in person. The police will send officers to the house to help make a report.
Step 5. Provide relevant information to the police
When you come to the police station, the officer in charge of your case will fill out an assault report. To make the report, he will ask for some information about the assault incident and the perpetrators. The information in question includes:
- Your name and address;
- The name and address of the attacker (if known);
- Location of the attack;
- The date and time of the attack;
- Event chronology.
Step 6. Try to remember the incident in as much detail as possible
You may not be able to remember a variety of important information that the police need to identify the perpetrator. If so, the police will usually ask you to describe the offender's appearance in as much detail as possible.
Method 2 of 3: Waiting for Additional Evidence
Step 1. Take a copy of the attack report
Once the police in charge of the case has all the information needed to make a report, he will provide a copy of the report. Keep this report in a safe place.
Step 2. Wait until you get more information about this case
After the police fill out the assault report, it will be sent to the prosecutor's office. Prosecutors will read it and determine if there is sufficient evidence to prosecute the alleged perpetrator. If there is sufficient evidence to proceed with the process, the court will issue an arrest warrant for the perpetrator. You will have to wait for further news during this process.
Step 3. Provide additional evidence
Sometimes, after the perpetrator is arrested, the police conduct further investigations to obtain additional evidence. You may be contacted by the police for further questioning. Cooperate with the police and try to give them as much information as possible.
Method 3 of 3: Requesting a Detention Order
Step 1. Request a restraining order if needed
If you're concerned that the perpetrator may seek revenge, you can seek a restraining order from the court after filing an assault suit. A restraining order will prevent the perpetrator from approaching you within a certain distance. If he violates it, he can be immediately arrested.
Step 2. File a restraining order
To get this protection, go to the district attorney's office or your attorney's office, or ask for help from a legal aid program. This order must be issued in the area where you or the offender resides. Regulations on restraining orders vary by country. So, consult with a legal expert to find out the regulations for issuing restraining orders that apply in your area for stalking or assault cases.
Step 3. Call the police if the perpetrator violates the detention order
If you manage to get protection from a restraining order and the perpetrator violates it, contact the police immediately. Remember, this order is only a decree that cannot provide real protection. When you find out that the perpetrator has violated it, immediately call the police on number 110.
Tips
- You can file a civil complaint against the perpetrator because the attack he committed also violated civil law. Proving a civil lawsuit requires less evidence than a criminal lawsuit. To do this, you need to go to the nearest district court and file a lawsuit. If people are willing to answer the lawsuit, you have to prove it in court. The person may be required to pay you compensation if they lose in court.
- Filing a lawsuit gives you the opportunity to forget about the incident and gain the satisfaction that may be lost if you choose to ignore it.
- Know that suing the perpetrators of crimes is also an act of humanity because you are bringing justice to the perpetrators. By doing so, you help prevent the perpetrator from doing the same thing to others in the future.
- Remember that physical injury as a result of self-defense, the arrest of a person who has committed an illegal act (especially a criminal act), or the actions of the police when arresting a criminal is legal. However, physical injuries that arise for other reasons are the fault of the perpetrator and are illegal. Everyone has the right to work without being the victim of an attack.
- If you are physically injured by a person who is not a member of the police even if you are not doing anything illegal, call the emergency complaint service immediately!
- If you see someone being physically injured by another person who is not a member of the police force, immediately contact the emergency complaints service for help and follow the directions of the officer who answers them.
Warning
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never ever engage in illegal activities because others can legally injure you if:
- You committed a violent crime (the victim may be considered self-defense)
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Running away after illegal activity (eg being caught by a citizen), especially if you have criminal piercing.
- Fight the police when they are about to be arrested. This is illegal, even if you are actually innocent.
