None of us want to go through the day with the thought that someone could cause bodily harm to us at any moment. Whether you’re at the bank and are approached by someone with a weapon, or verbally or physically attacked by a drunk person at a bar, it is important to know how to press assault charges in order to move on from such incidents.
This process requires several specific steps to ensure that justice is served and that the assailant isn’t a threat to you anymore. This guide aims to help you become aware of how to press assault charges, as well as be and feel safe in the future.
Talk to Your Lawyer
Expert opinions are always necessary when it comes to recovering from an assault, both physically and mentally. If you become the victim of some sort of physical attack, then you’ll want to contact a lawyer as soon as possible. Professionals such as Preszler Law Nova Socita will be able to assist you and provide the health and financial benefits from pressing charges. This will be extremely helpful if you’ve never been assaulted before, as attorneys can share experiences of dealing with clients who were victims of similar situations.
You’ll need to remember as many details from the assault as possible if you want your lawyer to help you to the best of their ability. The location, time, and the incidents leading up to the assault will allow the attorney to find out what appropriate charges you should file to make the case simpler. The lawyer is able to determine if there are additional charges you can file, as well as how they should be filed so that you have an easier time in court.
File a Complaint
Once you clear things up with your lawyer, you’ll need to head over to the local police department and tell them that you want to file a complaint about being assaulted. It’s important to be specific about what you want out of the complaint, as the police will ask for certain details. This information will include your name and address, as well as that of the assailant. If you don’t have these details about the assailant, then you can provide what the person, or people, looked like and what they were wearing. The authorities will also need the date and time that it took place, in addition to the location.
Once the police have all of the necessary information, they will be able to provide copies of the report to the prosecutor, who will look through the information to see if there is enough data to prosecute the assailant. The judge will be able to issue a warrant for the assailant’s arrest as long as the information that the prosecutor is given is enough and factual. This process will also include further investigation on the police’s part to see if there is additional evidence of the incident.
Request an Order of Protection
If you feel that the initial charges aren’t enough to keep the assailant from trying to seek revenge against you, then you can obtain an order of protection from the court. This option comes in handy for just about any case of assault, whether you were attacked by a stranger or a victim of domestic abuse. The request serves as a restraining order that can keep you extra safe because the assailant will be arrested if they violate it. You can have the order keep the assailant from being within a certain distance from you, as well as being anywhere that you go to on a regular basis.
Orders of protection can be modified if other people were involved in the original assault or could be in the future because of their relationship to you, such as friends and children, parents, siblings and other relatives. Such scenarios allow you to file restrictions on visitation and “no contact” orders for domestic violence. The more details you provide on what precautions will make you feel safe, the easier it will be for the court to meet them.
Keep these steps in mind so that you can recover physically and emotionally from an assault and move on with your life.