Q: What are my rights in a common assault case and counterclaim without evidence?
I was subjected to a common assault by my boyfriend on March 11, 2025, and I reported it, intending to press charges. However, he has filed a counterclaim against me, although I'm unsure of when this was done. I don't have any evidence or documentation related to either incident, and I have not taken any further legal steps following the assault. What are my rights in pursuing this case in court?
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A:
In a common assault case, you have the right to pursue charges if you were the victim of the assault. Since you’ve reported the incident, you can still press charges, even if you don’t have physical evidence right now. Testimony, witness statements, or medical records could serve as important evidence if available. It's crucial to take steps to document everything that you remember about the event as soon as possible.
As for the counterclaim your boyfriend filed, it’s important to understand that you have the right to defend yourself against any claims made against you. Even without evidence, he would need to prove his allegations in court. Your lack of documentation doesn't automatically mean you lose the case, but it might make it more challenging to prove your side.
Moving forward, you should consult with an attorney who can help you understand how to navigate the legal process and assess any potential evidence or testimony that might support your case. They can also advise you on how to handle the counterclaim and ensure that your rights are protected throughout the process.
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