Fort Wayne, IN asked in Criminal Law, Personal Injury and Juvenile Law for Indiana

Q: I got punched in the face 5 times by a 16yr old female. I'm in and out of hospitals. Can I get her on battery?

I got punched in the face 5 times by my boyfriend's sister. She is 16 years old. I am 33 years old. I am in and out of the hospital for my nose. She busted a blood vessel. And I now have a deviated septum and have issues with my nose. I now need to see a specialist for it. I'm in pain everyday. I chose not to fight back that day. Can I get her arrested and charged with battery? Or what would that be? I also lost time at work, and also had to move out of town, which resulted in me losing my job.

1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: You cannot file criminal charges against her that is the responsibility of the prosecuting attorney. However, you can call the police to make a report if that has not already happened. The police should sent the report to the prosecutor to review for battery charges. It is entirely the state's decision to file or not to file. You can also contact an attorney to pursue a civil suit for damages that would allow you to collect more that you would get in restitution in a criminal case.

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