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  1. #1
    Join Date
    Feb 2010
    Posts
    4

    Default Assaulted on Valentine's Day

    My question involves criminal law for the state of: Washington

    I was assaulted by my boyfriend's ex wife on valentine's day. She pulled me out of my boyfriend's house by my hair and assaulted me in the front yard. I received neck and head injuries due to the assault. We called the police and they arrested her... for BURGLARY! When I told them I wanted to file assault charges, they assured me that the assault was part of the burglary. I thought she was being arrested then for first degree Burglary, a Class A Felony in Washington state. After talking with the prosecutor's office a few days later, they explained that NO assault charges were filed and she was charged with Residential Burglary which was being thrown out because they couldn't prove that she tried to steal anything.

    I missed a weeks worth of work because of my injuries, had to seek medical help and was instructed by the doctor to not work for the following week. I took my medical records back in, along with previous voice mails from the assailant threatening harm towards me, and they filed assault and harassment charges. All charges were dropped!

    What do I do now? :-(

    I am out a week's worth of work, along with having to pay for all my medical bills for the incident. Is there no justice?

    Any suggestions would be greatly appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Assaulted on V-Day

    you can sue her in civil court (small claims court)

  3. #3
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Assaulted on Valentine's Day

    You could also go to the police and file a report now.

  4. #4
    Join Date
    Feb 2010
    Posts
    4

    Default Re: Assaulted on Valentine's Day

    I filed a police report the night it happened when we called the police and they filed for residential burglary and NOTHING on the assault that we originally called 911 for. So I went to the precinct the following Thursday when I found out no assault charges were filed, brought my medical records showing injuries received and filed for assault charges. The sergeant who took my medical records and statement, filed a supplemental report on the original police report. I called the prosecutor's office yesterday and found out they couldn't charge for a felony so brought it to misdemeanor court and then didn't charge anything in misdemeanor court either!

    So, basically she gets away with what she did, no record or anything, and I have to live with the aftermath of what happened while she could possibly do this again, since nothing was reinforced in the first place. I would think they would at least try and file something against her since there was hard evidence, eye witnesses, voice mails threatening the violence previously AND there was nothing done on my part to warrant anything to the degree of an assault. It is very, very frustrating.

    I will definitely try to take her to small claims court and at least get what I lost financially and medically, but where is her consequences for attacking me in the first place? Nothing, justice is only for those with money enough for the state to warrant going forward with charges.

    Thanks for the responses, if anyone has any further suggestions it would be greatly appreciated!

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Assaulted on Valentine's Day

    I'm sorry for your pain.

    It's not about money though - it's about how likely it is to get a conviction. Because you didn't go to the ER/doctor RIGHT AWAY, an attorney could easily argue that your injuries were caused by other means, you know?

  6. #6
    Join Date
    Feb 2010
    Posts
    4

    Default Re: Assaulted on Valentine's Day

    Yes, I understand that, but this was ONE of THREE charges filed against her and none of them were charged.

    As far as the small claims court, does anyone know how to go about that, how do I get started, I've kept all my records, getting a copy of the police report, kept all receipts from the doctor's visits. Where do I start this all?

    Thanks again.

  7. #7

    Default Re: Assaulted on Valentine's Day

    Start by visiting the website for the Clerk of Court for the county where the incident occurred (that's the court where the suit needs to be filed). Most of the CCC's websites have an overview of the process, the maximum amounts that the small claims court can award (if your expenses are MORE, you'll loose the the difference or need to bring a case in regular court), the forms you'll need, etc. Don't forget to add the cost of filing and any other court fees to the amounts that you're asking for.

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