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04-22-2008, 02:58 AM
| | Junior Member | | Join Date: Apr 2008
Posts: 3
| | | verbal assault
What is the name of your state? virginia
I was in a verbal altercation with my sister-in-law over the telephone who is now saying that she is going to charge me with verbal assault due to the profanity that I used with her. Is this a legitimate charge? Thank You |
04-22-2008, 05:41 AM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,709
| | Quote:
Originally Posted by jlvernon  What is the name of your state? virginia
I was in a verbal altercation with my sister-in-law over the telephone who is now saying that she is going to charge me with verbal assault due to the profanity that I used with her. Is this a legitimate charge? Thank You | Ummm, she could file a complaint. But whether anything would come of it, depends on how BORED the DA is and how horrible your "profanity" was as well as what else is alleged that you said.
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Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
04-22-2008, 11:35 AM
| | Senior Member | | Join Date: Jan 2003
Posts: 17,470
| | | Good grief.
I don't like profanity either, but I can't believe anyone would bother the legal system over some name calling. This is NOT "hate speech" after all.
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04-22-2008, 01:51 PM
| | Senior Member | | Join Date: Apr 2007 Location: Iowa
Posts: 1,281
| | Quote:
Originally Posted by jlvernon Is this a legitimate charge? | Did you threaten your sister-in-law with immediate physical harm? If so, did you have the ability to act on the threat? (Unless you were phoning her from across the hall, I would guess not.) assault 1) v. the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. "Aggravated assault" is an attack connected with the commission of another crime, such as beating a clerk during a robbery. 2) n. the act of committing an assault, as in "there was an assault down on Third Avenue." Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.
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04-24-2008, 03:27 AM
| | Junior Member | | Join Date: Apr 2008
Posts: 3
| | | I did not threaten her, although she did threaten to come to my work place kick my you know what. | |
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