battered

This is a discussion on battered within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; my brother went next door to my neices house to ask her husband why he was yelling at his girlfriend, and calling her all these nasty names, my neices husband ...

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  1. #1
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    battered

    my brother went next door to my neices house to ask her husband why he was yelling at his girlfriend, and calling her all these nasty names, my neices husband then headbutted my brother knocking him unconcious , he then got on top of my brother,grabbed him by his hair and started punching him in the face. i took my brother to the hospital to have him checked. now he is admitted because he has blood in his brain. he is not all together in his head now. can my brother sue this animal


  2. #2
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    We have no way of knowing that is what occurred. The police should be involved. Their investigation will bring to light whether supporting evidence exists, that suggests a lawsuit might be feasible.

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    The first thing you should do is have your nieces husband arrested. If your brothers injuries are as a result of the attack by your nieces husband, you will be able to sue him civilly as well. Although at the end of the day, it comes down to whether he has any money to pay a judgment if one is entered against him.
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    Legal raises some good points but I see this as a self defense conflict (affirmative defense). Your brother entered your niece's husband's "castle" dwelling. Now, this in and of itself raises an issue that your brother was the FIRST agressor. Nieces husband may raise mitigating circumstances like your brother acted forcefully and so on.

    Also, if the husband acted agressively prior to the headbut (which I suspect), Your brother had a duty to retreat or leave the house prior to the head butt.

    In any event, Legal is correct in that the police will investigate and sort out the facts/evidence. Good Luck!