Can I sue for assault and battery?

vampira53

If youre sue your friends wife, youre also sueing your friend. They are a married couple, they have shared assets. You could sue her for battery, but the likelihood of her going to jail for it is slim.

First of all assault and battery is the combination of two crimes - assult is the threat of violence, and battery is actual violence. Since she didnt threaten you with violence, she probably wouldnt be charged with assault. Simple battery is a misdemeanor at best, and it has to be proved that there was an unlawful application of force from one person to another that ended in bodily injury. For battery to be considered criminal there must be a proven intent to cause injury. Differing degrees of battery are dependent upon what the court decides and that determines the punishment. In order for a criminal battery charge to be filed, there also usually has to be some kind of evidence of mental state - and she doesnt sound too stable.

If you think about it logically - whether you fine your friends wife or throw her in jail, youre going to hurt your buddy. Would you want your wife thrown in jail? The most likely punishment for something like this varying of course by state laws is community service, probation or fines. Either way you are going to cost your friend attorney fees to defend his wife and then the cost of whatever fines they are given - its going to be a large expense on his part. Insurance wouldnt help him even if he had it, court fees and criminal fines arent exactly covered by insurance.

Honestly unless you were seriously injured, I would drop the subject if you want to keep a friend. Its going to be difficult to prove that you were injured unless you have doctors visit notes or have any physical signs of injury. Shes not going to be locked up unless theres some physical proof - and trust me, your friend isnt going to testify in your favor. Your friend might even testify against you, depending on the relationship he has with his wife. Youre going to cost your friend and yourself money and time, and youll likely lose a friend in the process. How important is this to you is what you need to decide.

jackson

You probably did not call the police right? Unless you have tons of witnesses it is to late. Even if you did how would your buddy react to you getting her arrested?

I assume you did not go to the hospital so you have no real damages to sue for.

You need to step away and if you see him see him elsewhere. She did not do this for nothing. She might be a nut job but hey.... the core issue is they have some serious disconnect in their marriage for her to do this. He really should be spending more time dealing with that rather than hanging with you.

It's hard to explain. He needs to get his house in order so to speak. If he can't have freinds well he needs to put his foot down.

But as far as sueing there is not a chance in hell. But as you said you don't want to hurt him.. Best you can do is lend him an ear and your advice while he figures out his marriage.

And convince her that you are not the problem because whatever it is it is being blamed on you.

Common

You sue her, then you're suing him. There's no way to sue one spouse in a civil lawsuit without it affecting the other. Not to mention I'm guessing your friend is going to have some strong feelings about you suing his wife.

Did you call the police and make a report? That would be the place to start. The cops would only lock up the wife, not the husband.

Steve H

CAN you sue? Of course! Will you win? Maybe. But what are you going to get out of it? If you are awarded monetary damages, then you will be taking money from your friend's household. In my opinion, that would make you less of a buddy than having my crazy wife arrested for assault.

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