If I was visiting my sister out of state and her husband beat me up, where do I have to file my suit?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption