Battery/Assault- Who is at fault?

UPDATED: May 20, 2009

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Battery/Assault- Who is at fault?

I have been dating a guy for a year and the whole time, his kid’s mom has been calling/texting me harassing me. She’s threatened to beat me up more than 100 times. Last week, I had been drinking and she calls me out of nowhere harassing me. Tired of the threats, I say I will fight her. She won’t come to me, says I should come to her. Right as I get out of the car, she starts hitting me. I ended up in the hospital with bruises to my head, scratches down my face and a broken ankle. I did not cause significant damages to her. If I press charges, will I also get in trouble? Is it worth it?

Asked on May 20, 2009 under Criminal Law, Wisconsin


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If she attacked you and you did not initiate the fight that resulting in you going to the hospital, then i suggest that you press charges against her and get her to pay for your medical bills.  The i suggest that you hire a lawyer to sue her for assault/battery and force her to pay you off for the rest of her life.  I would go after her assets, and everything she owns. If she owns a house, you should file lien (have your lawyer file a prejudgment remedy attaching her home if she has one) and put a squeeze on her.  You have every right.  The fact that you and her were talking trash before that did not give her the right to assault you unless you were meeting to fight and she was acting in self defense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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