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Battery Against Me
My question involves criminal law for the state of: Virginia
My story starts out when a "wreck" occured in front of my house. My kids screamed to let me know this happened. I ran to the front door where they were standing and looked and it was a head on collision. My son and daughter seen the "wreck" happen. Come to find out it was a domestic dispute to where the wife was trying to get away from her husband, went around the block and up, the husband went up the other street and they met in the middle. Which was my house. The husband decides that shes gonna stop the car and that was all there was to it. So he hits her head on with his truck and she was in a little car with both of her children. The youngest child gets out of the car and comes running to me telling me that i have to help their mommy because her daddy is gonna kill her. She had blood pouring out of her mouth. I see the mother slumped over the steering wheel and the husband reaching for her, he pulls her out of the car like shes a rag doll and shes trying to get away from him. I am now on the phone to 911 and I keep the kids on my front porch while I assist the mother which at this point is about to hit the ground. I go over to them, get in the middle of them by putting my hand in the middle and telling the husband to leave, I proceed to place my hand on the wifes back to start leading her to my house. Apparently, he gets angry that I would try and help her so he punches me in the upper arm and pushes me down a hill. I get right back up and go to get the mother. I get her children and both of mine in the house and lock the doors. At this point, I have informed dispatch of everything as they have heard everything going on while it was taking place. I have filed A&B charges on this man, while the mother has dropped everything against him and is now back with this idiot. This man already has previous charges such as A&B, indecent exposure, several driving charges and all of which have been dismissed. The incident happened on my property. I feel bad for those children and my children also. My kids have bad dreams about this man now and they are scared he is going to come and get them and their mommy. Im thinking about filing a civil suit against this man for damages done to my shoulder and neck during the altercation. Im also considering filing a civil suit for my children to. The anguish they have went through and all that they seen scared them. I was just wondering if I had a case. Any input is greatly appreciated!
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Re: Battery Against Me
If you have no physical damages, no lost wages, and no tangible way to prove any damage, what would you sue the man for? Pain and suffering is not likely to get you too much money,and it might not even be enough to pay for an attorney to take the case. But, as with any such thing, if you feel you can show that this incident has changed your life for the worse and still effects you, consult an attorney to see if there is a case. I doubt there is one, but there may be details missing from your tale.
As for the rest of it, he has a criminal case pending so let that take its course. I am not surprised the woman is back with him, but I hope that children's services are on the two of them about the kids ... at least, they should be.