Assaulted by sister's husband inside joint-owned property...

by Doris
(Newark, NJ)

I was verbally and physically assaulted by my sister's husband while trying to stop him from physically disciplining my minor cousin with a belt. I was slammed against a wall and as a result my back was injured. I also suffered nerve damage in my left leg as a result of the slamming.

I am currently undergoing tests/x-rays to find out the extent of the damage. My sister and her spouse live in a house owned jointly by my mother, sister, and myself. What are my rights as part owner? Can I get payment for my medical bills? Also, I want him out of my house! What can I do? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Assaulted by sister's husband inside joint-owned property...":

Doris (Newark, NJ):

Continue to seek medical treatment until such time as you are fully healed or until your physician says you have reached a level of maximum medical improvement (where additional treatment would not significantly improve your condition).

Next, contact the police and file a criminal complaint against your sister's husband. From the facts you present, he quite obviously committed a criminal assault against you and the minor.

Once the man is arrested he will likely post bond and eventually be released (unless he has a prior criminal record, or is on probation or parole). If that's the case, he may not be released.

Once he is arrested, his case will eventually be sent to the Office of the District Attorney in Essex County at 465 Dr. Martin Luther King, Jr. Boulevard, Newark, NJ 07102. You can call the district attorney's office at 973-621-4400 and ask to speak with the prosecutor handling your sister's husband's case.

Explain you were the victim in the case, and as a result of the assault you sustained medical bills and related expenses. Ask the prosecutor if your sister's husband is going to receive probation. If so, ask the prosecutor to add as a condition of your sister's husband's probation that he have to pay back all of your medical bills and related costs.

If he receives probation, he will be required to make those payments. In the event he fails to do so, that would be a violation of his probation, subjecting him to arrest and incarceration for the full term of the crime.

If you are thinking of filing a homeowners claim you will be surprised to learn homeowners insurance does not cover criminal acts of their insured, especially when those acts result in injuries to third parties.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Assault & Battery Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: