Reading, PA asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania

Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about something, and im going to text her and i said you do what you got to. I wasn't being hostile towards him. He said something along the lines of all this isnt worth it for a shirt. I told him its not going to be worth for you, that shirt holds significance to me, Like i said you do what you got to. So he texts me saying he has my shirt and that he'll give it to me so he was asking where i was at. At that point he did not sound hostile at all. I told him to meet me in a public place. he tells he's 5 mins away. he tells me what hes driving. So i go he opens the trunk and i see my shirt he asks me is that your shirt i said yeah and he tries to light it on fire. I grab my shirt from the trunk and he begi

3 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: If you have an unsure immigration status, it's always risky to contact the police. I'm not an immigration attorney, and do not know about the nuances of your DACA status. You should speak to an immigration attorney about that.

In general, however, it sounds like this is not something worth filing a civil suit about. Even if your shirt has personal significance to you, a court will treat it as a regular shirt and value it accordingly. Which is to say, not much.

Personally, it sounds like it's not worth the time or effort to involve the courts with a civil suit. Depending on your physical injuries (if any) from an assault, and depending on your immigration status, it may be worth involving the police to press criminal charges - but speak to an immigration attorney first!

Best of luck to you.

Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: For your immigration question, do not worry about it. You're on DACA, so you're fine.

For your criminal question, please refer to Cary's answer.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You can sue for injuries regardless of your status. If you are DACA, your status is currently not out of regulations, but you are subject to possible deportation if things change. You can file a complaint with the police, but they may chose not to charge him unless you required medical treatment. The shirt is not something to sue about and if you ever have a similar event, walk away from the item.

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