Assault & Battery

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Assault & Battery

My wife was slapped by her father while visiting her parents house to retrieve a personal item. She requested an officer escort but was told they would not escort her because it was 11:30 PM. Question: Can law enforcement deny assistance? She did advise upon her request that her father was abusive.Police were later dispatched due to the incident & would not arrest him due to lack of physical eveidence. I understand it’s her word against his.Question: Where do we go from there & what can we expect?Thanks in advance,

Asked on May 21, 2009 under Criminal Law, South Carolina

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

At this point if she wants to press charges she has to make a formal complaint against him for assault and/or battery. Will this case provide enough evidence...that depends on whether there were any indications of a physical altercation. Did she have any bruises or scratches? Did the neighbors hear the noise etc?

She can usually press charges even if they are later dropped that she would have to decide. I would say she can get a restraining order but it seems she went to his home so that would not alleviate this type of incident.

Aside from the legal side she can simply remain away from him if he isn't coming after her she can just make it a point to stay away from him. If she needed something you should go with her or send you alone to pick it up

If you want to pursue this you can call a local attorney and se about what options you have, prosecution is through the government usually although you may be able to file a civil suit for this harm if she feels that would help and an attorney feels with the evidence provided there is a basis for the claim

Without having more details I cannot say if you will but it is worth a phone call to determine whether this is in fact something you can pursue


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