Understanding our rights
My nephew - who has had many problems with the law - was at our house and started a dog fight with our st. bernards by placing a hot dog in one of the collars. When my husband asked our nephew about the situation, he hit my husband in the mouth. My husband hit our nephew back and then restrained him on the ground until his mother came out and left with him. The are now going to ''take us for everything we have''. My husband is a 37 year old dentist with no poliece record. My nephew is 16 and has been in trouble for hitting a police officer, his psychologist, and a teacher. He's been arrested for stealing drugs and running away. What are the montary limits in a civil suit? What can my husband be charged with? Can he claim self defense even if there were no witnesses?
1 Answer from Attorneys
Re: Understanding our rights
"Take you for everything you have" is an empty threat by some pitiful people. First, self-defense is a complete bar to your nephew's claim for battery. Second, even if self-defense were not an issue, your nephew's damages would be limited to his actual damages, and it doesn't sound like he was injured. If he claims psychological injuries, then his entire mental health history, including prior incidents, would be admissisble into evidence against him. No judge or jury will ever make his day on this case. Finally, if these people ever do file a claim against your husband, then your homeowners policy would probably provide a legal defense. I'm sorry this stress has been been inflicted on you and your husband. I would guess that your sister and nephew are both way more accomplished at handing out emotional distress than you ever will be at dealing with it. You have nothing to worry about. Good luck.