If I was visiting my sister out of state and her husband beat me up, where do I have to file my suit?
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If I was visiting my sister out of state and her husband beat me up, where do I have to file my suit?
Asked on July 30, 2013 under Personal Injury, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You are the plaintiff. Your sister's husband is the defendant.
Your lawsuit for assault and battery can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose. For convenience purposes such as filing documents with the court and court appearances, it would be advisable to file your lawsuit for assault and battery in the state where you live.
Assault and battery are both civil (lawsuit) and criminal. The criminal case is separate from the civil case. The criminal charges should be filed where the assault occurred because the police there have jurisdiction.
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