During breakups, one partner may feel compelled to act angrily towards their partner and slap them. They may then threaten that person, even vaguely, before they leave. These actions do constitute a simple form of assault that can be pursued in a personal injury lawsuit.
Slapping is a Type of Assault
A slap is not the most harmful of attacks on a person's body. An ex-lover slapping their partner for breaking up with them, therefore, may not think that it would be considered assault. However, the law has defined this action as a simple assault. Though it is classed as a misdemeanor – and can be pursued in a civil lawsuit – it does come with legal ramifications that can be problematic for the person who slapped someone.
For example, a lawsuit about a slap could cause that person to pay a fine or a certain amount of money to their partner. Some might even wonder if this type of case is worth pursuing by the person who got slapped. In many cases, these cases are worth pursuing, even if the money earned from it could be quite small. For those who were slapped and who felt threatened, the feeling of any type of justice is worth it.
Proving This Type of Case
Cases involving slapping may be hard for the plaintiff to pursue. They need to show that the attack caused fear in them that triggered the definition of an assault. Many judges may not think that a simple slap is enough to cause fear in a person's ex-lover. However, the physicality of the act is one that does put a little bit more oomph into the argument, especially when combined with other acts.
For example, if the slap was accompanied with threats – even vague ones – the person who got slapped can claim that it caused them fear and anxiety. They may also have more of a case if they can call on witnesses who saw the slap, heard the threat, or who can testify that the person who slapped their ex-lover is known to be aggressive or has been threatening the person in other ways.
All of these elements make up a personal injury lawsuit and require the help of a lawyer to collect. Often, a civil case is an easier choice because they require less burden of proof and don't result in a person spending time in jail or prison. The choice ultimately falls on the offended party, however.
To learn more, contact a personal injury lawyer in your area.Share