help for assault victim

i was assaulted by my wife's ex husband. i called the police he was arrested and spent less than 24 hours in jail. i went to grand jury last week and they dismissed charges. leaving me feeling helpless. i have been told by the atlanta bar association they only defend people. i was told by victim services that my only course of action was a civil case, which would require me to spend money on a lawyer that might not have any outcome. i'm not looking for money. all i want is the person who broke the law to be properly punished. i'm not a lawyer or a judge, i dont' know what his punishment should be. i do have more information, but right now i just would like to know if a civil action is really my only option.

thank you.

The Bar association doesn't represent clients and both civil and criminal lawyers are members of the same. If a grand jury determined that there is not enough evidence to proceed with charges, there is not anything you can do besides sue him civilly. Even if it isn't money you want, he can, at least be made to pay for what he has done.

In a criminal trial the burden of proof is 99.9% that he is guilty--beyond a reasonable doubt. In a civil case, however, the standard is much lower---51%. This is why, when criminal charges are not a possibility, or when the person is not convicted, the victim can still prevail in civil court. The murderer OJ Simpson is a perfect example.

thomas.n -

GentleGrace is correct. I have one point to add.

I am only speculating here because I have no details, but if you can show specific grounds that justify a legitimate fear on your part that you are at risk of being attacked by this person again there may be an "anti-stalking" order you can obtain through the courts. This would depend on the law of your state and you need to consult a local attorney about it. If an anti-stalking order were entered this would enhance your safety because you would have grounds to call the police if the ex-husband follows you or approaches within a certain distance.

Again, I don't know if the facts would justify this or if the law of your state allows that protection. You owe it to yourself to find out, however.

A restraining order or order of protection may be in order as well. Of course, neither of these, nor the anti-stalking protection would give him relief for the incident that already took place nor would it give him any type of grounds for a reconsideration of the previous charges being dismissed.

GentleGrace -

Absolutely correct. The utility of restraining or other orders in this context is primarily in reducing (but unfortunately not eliminating) the risk of future injury. Since there may be an ongoing connection here through mutual children of the victim's spouse and the ex-husband (which we don't know; just a possibility) gaining some security for the future may be as or more important than redress, criminal or civil, for the original assault.

To the original poster, best of luck to you. In a civilized society no one should be at risk of assault by another.

I agree with you completely. My comments were more directed at the past incidents since that appeared to be the matter of concern to the poster, not so much the future.

That being said, I suspect that the original posters next question will pertain to his future options. LOL It would seem the proverbial bases are covered.

thank you both. i guess i just haven't accepted yet that there is nothing more for me to do. it just irks me to no end that i was attacked and there were no consequences. i could've just as easily gotten a buddy of mine and a couple of baseball bats and handled this myself. however, being a non violent person, that thought never progressed beyond a thought. i guess i'm trying to find the logic, rather the thought process of the grand jury members that decided that no crime had taken place. the paramedics confirmed my nose was broken. the police arrested him and he spent a few hours in jail. why after all that would a group of "average citizens" find there to be no crime commited? it doesn't make any sense.

but thank you for your responses. i can only hope that a higher justice will eventually punish him, since the local judicial system has failed me completely.

thomas.n -

I sympathize. I have been assaulted myself. Since I am ineffectual in that kind of situation I have suffered the consequences, both physical and emotional, of being on the receiving end of a beating (or, rather, beatings). The physical injuries and pain are bad enough. Often the long term consequences of the humiliation and feeling of helplessness can be worse. There is counseling available for victims of violence and you might consider it.

Although it may be difficult for you to accept in this context, the criminal justice system is based on the principle that is better to let 10 guilty persons go free than to convict one innocent person. That is why the standard of proof required to convict is "beyond a reasonable doubt". (The 99.9% certainty that GentleGrace discussed.) Despite my own experiences, I personally think that is the morally correct approach.

It would be impossible for me to opine on what happened with the grand jury without knowing the details of what evidence was presented to them. You may not know all of that yourself and, frankly, it would not be productive to explore. I can only surmise that there were insufficient reliable witnesses to make the grand jury feel comfortable with upholding the charge. Proof that one person was injured does not, by itself, go very far in proving guilt.

Your attitude about not taking revenge is mature and commendable. Try to get past this and focus on your future personal safety and that of your spouse.