Can I still file for assault if the incident happened a month ago and there are no evidences but have two witnesses? 17 Answers as of May 28, 2013

A month ago, I was attacked by a 15-year old pregnant girl. She slapped and scratched me leaving a bruise. I held her dominate hand by her side so she could not do worse physical harm. I was pregnant at the time of her assault, and currently still am. I did not call the police at the time of the incident because she is my sister-in-law. She is currently slandering my name and causing mental distress. I was wondering if there is I can do. If needed, I am willing to submit a lie detector test.

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Although you were "injured" your main question ("Can I still file for assault if the incident happened a month ago and there are no evidences but have two witnesses?") really involves a question of criminal law. This law Category is intended for questions involving civil liability for and compensation for injuries. However, I do not believe there is anything that would prevent you from contacting the police and reporting the assault. The police would investigate and decide whether a citation would be issued. The police have discretion in deciding whether to issue a citation. If no citation is issued, you can try contacting the City or County Attorney, depending on the city you were injured in, and asking them to file charges against the woman who assaulted you. Again, they would have discretion whether to charge. The fact that there is no "evidence" does not necessarily matter as long as you have witnesses to the incident. For a more definitive answer about whether you can "still file for assault" you might want to re-ask your question and select "Criminal" as the Category rather than "Injury." With regard to your sister-in-law "slandering" you name you could sue her if you are truly being "slandered." First, depending on what she is saying you may need to ask her to stop "slandering" you. Second, to win a case involving defamation (slander is just oral defamation), the first thing you must be able to prove is that the statements are false. Relatedly, for a statement to be defamatory it must be an assertion of a fact, not an opinion, with a couple of exceptions. The statement must be one that could be proven, using an objective standard, either true or false. For example, if your sister-in-law said you were "mean" that would not be defamatory as it would it would be an opinion rather than a fact as it could not be proven true or false; each person has their own opinion about what it means to be "mean." There are some statements automatically considered defamatory, if they are false. There are a few other elements you would need to prove and possibly a couple of other requirements to win a defamation case, which are dependent on the facts of the case. I cannot comment on whether you have a defamation case as you do not state what your sister-in-law is saying about you. Your "mental stress" would be an element of damage you could claim in a defamation case.
Answer Applies to: Nebraska
Replied: 9/17/2012
Schwimmer Skantze
Schwimmer Skantze | Rafe Schwimmer
You can file for an anti-harassment order or a domestic violence protection order. If you were seriously injured I suggest you file a police report explaining why you did not report this earlier.
Answer Applies to: Washington
Replied: 9/17/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Answer Applies to: Michigan
Replied: 5/28/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Witnesses are evidence. It is called at first , a staement. At trial it is called testimony.
Answer Applies to: California
Replied: 9/17/2012
Paris Blank LLP
Paris Blank LLP | Irving M Blank
You have a year to ask a magistrate to issue a warrant charging her with battery. It sounds like she will then have one issued for you. My advice would be to stay away from contact!
Answer Applies to: Virginia
Replied: 9/17/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You may contact your local prosecuting attorney's Office to report the assault and battery. Or you can consult with a lawyer who handles assault and battery cases.
    Answer Applies to: Indiana
    Replied: 9/17/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Answer Applies to: North Carolina
    Replied: 9/17/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The police are not going to be interested. See if you can get an older member of the family to sit down with the two of you for a peace talk. No accusations, no recriminations, no retribution. Just, can you leave each other alone from now on.
    Answer Applies to: New York
    Replied: 9/17/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    Yes, you can file a police report and make sure to give them the names and contact info of the two witnesses.
    Answer Applies to: Florida
    Replied: 9/17/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You could still report it to the police but they may not do anything due to the delay in reporting. But since there are witnesses they might investigate it. Or you could sur her for money but sounds like your injuries aren't too substantial.
    Answer Applies to: Colorado
    Replied: 9/17/2012
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