Legal Question in Personal Injury in Massachusetts
My boyfriend was being beaten and attacked while a different man held me violently against my will and forced my to watch my boyfriend being attacked by two other men in my driveway. The man who assaulted me named Patrick Madden. The police have told me that holding me against my will is grounds for assault. As my boyfriend was being beaten (which he has a separate case against two other men for assault and battery with a deadly weapon) Patrick Madden grabbed my by my arms and jerked me around forcing me to watch the attack. Patrick left bruises on my arms and hands as he held me back from trying to stop the other men from hurting my boyfriend. Im not sure exactly if I can sue him since there was no great physical damage to my body other than bruises, however I would like to get some kind of protection order so he does not try to hurt me again. Im somewhat lost as to what my rights are and need advice on what I can do to have some sense of peace. If you would contact me I can further explain in more detail. I also must point out that this happened multiple times within the course of the attack on my boyfriend. One of the other men who attacked my boyfriend also threatened to beat me with a large peace of wood and a rock. When he attempted to hit me I was able to struggle free and escape serious injury. While Patrick was holding me against my will he forced his body up against mine in a sexual nature. The entire attack i was screaming for him to stop touching me.
3 Answers from Attorneys
You have the right to go to the clerk magistrate of the district court and swear out a criminal complaint. If the magistrate finds there is cause to go forward then the person will be charged and theoretically the district attorney will prosecute. You should ask for a victim-witness advocate who can navigate you through the process.
You have the right to retain a lawyer who can give you advice on your rights. You may have a civil action against the assailant but how much you want to pay a lawyer to vindicate your rights and what kind of recovery you might be able to collect is difficult to discern from the information you provided. There is no certain threshold of "enough" injuries to enable you to sue for pain and suffering damages for assault (unlike motor vehicle tort actions). In any event you would not want to rely on advice over the internet anyhow.
If your assailant has no money you may be entitled to compensation for out of pocket expenses from the Commonwealth under G.L. c. 258A, assuming there is a conviction. Good luck. Regards, JBS
This sounds like a horrible, extremely traumatic experience. If I were you, I would do the following, in the following order:
(1) Edit your above statement to remove the name of the person you allege attacked you.
(2) Speak to an attorney about a claim against both the person who attacked you, and the people who attacked your boyfriend - they may also be liable for causing you, what is called in the law, "emotional distress."
(3) Speak to the police about charging the person who held you against your will with kidnapping, and or false imprisonment.
(4) Ask your attorney with help in obtaining a restraining order against the person who assaulted you.
I am happy to try and help you or, alternatively, to direct you to an attorney who I think might be appropriate to have helping you, depending upon additional facts we might discuss. I may also be able to make a referral to a competent psychotherapist.
Many attorneys are willing to take cases like yours on what is called a "contingency" meaning that they will take a portion of the money you collect as a fee, without you having to pay money up front.
A consideration is that if you or your attorney files a civil suit, does this person have sufficient financial resources to cover any damages.
Call me with any questions.
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