Visitor Question

Attacked by my husband’s ex wife…

Submitted By: Nelly (Homestead, FL)

On Saturday Aug 6, 2011 my husband’s ex wife came to my house and started a fight with me and my 13 year old daughter. It was around 11:10pm when she came with my husband’s kids and two of her friends. They started cursing and one of them threw rocks from my garden at me and broke a glass from my window.

Both ladies then attacked me and my 13 year old daughter. My husband tried to separate us and when we started calling the police they left running. Since then we’ve been receiving threatening calls, mainly to my husband.

What can I do in this situation? I did file a police report the same day but I want to take them to court to pay for damages and press charges against them. Please let me know what to do. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nelly,

If anyone purposely causes personal injury or damages to a home they can be held accountable for their deeds. In your case it appears either an adult, or some children threw stones at your home, breaking the glass in one of your windows.

If you want to pursue your neighbor and the children in an effort to have them reimburse you for damages to your home, you can file a claim in Small Claims Court.

Under Florida law, specifically Florida Rules of Court: Small Claims Rules, Section 17 – 7.010-7.350 you may file suit against parties who caused you injuries or damage to your property. The maximum you can sue for in Small Clams Court is $5,000.00 dollars.

Because Florida Small Claims Courts cannot award any money for your emotional distress you will only be able to sue for the damage to your home and any incidental costs you incurred while preparing for this lawsuit.

You should go to the police station and pick up a copy of the police report. With the report in hand you will be prepared to prove to the Judge the damages your neighbor and the children caused.

In Florida, as in most states, a parent is legally responsible for damages caused by their children. So if the children were the ones who broke your window, you can include their parents in the lawsuit.

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

Best of luck,

Published: August 8, 2011

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