Did I assault my ex girlfriend?

[MrBubbles]

luigiman5555 said:

This is my ex's defense "It's not criminal, it's civil, and in the civil action you only need minimal intent, voluntary consciousness that you are acting, and fear is irrelevant to the legal definition for you only need to anticipate or perceive that contact might ensue. And battery can be civil as well. The wikipedia definition refers to criminal assault."

Does that change anything?

she hasnt suffered any damages as a result, so really...it doesnt even matter.  

example:  someone is randomly attacked for wearing a wrong colour shirt.  they suffered minor physical scrapes other than a broken arm.  As a result of the broken arm they lose time from work, thus losing income.   they also suffer ongoing anxiety issues related to the attack because they are fearful of just walking down the street because of the random nature of the assault. 

they have suffered financially and their quality of life has gone down because of the assault.  they have reason to sue. 

 

 

here i just pulled this from some site

Civil Assault Cases

Separate from any criminal prosecution for assault, a victim may pursue civil damages for injuries caused by it. After a determination by a judge or jury that an assault was committed, the next step is to determine what compensation is appropriate. Three types of damages may be awarded. Compensatory damages, such as medical expenses, are meant to compensate for the injury sustained. Nominal damages are a small sum. Nominal damages act as an acknowledgment that a person has suffered a technical invasion of rights. They are awarded in cases where no actual injury has resulted, or where an injury occurred, but the amount has not been established. Finally, punitive damages may sometimes be awarded. Punitive damages may be awarded in particularly egregious circumstances, as a way to further punish the wrongdoer. Punitive damages go above and beyond compensatory damages.

 

 

You could probably file a countersuit for harassment, if it comes to it. 

(its pretty clear that her repeated threats of civil action are causing you mental distress, which is likely her intent rather than actually doing something)