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Need legal advice- Daughter assaulted by Indian man on Student visa

 
ladulce
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User ID: 77069001
Guatemala
10/29/2018 10:57 PM
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Need legal advice- Daughter assaulted by Indian man on Student visa
Saturday night my daughter (20) was at a friends house, as she went to leave, another person was leaving. They scuffled at the door (she thought jokingly) and she pushed past him and left. She called him some name and kept walking.

This man apparently caught up with her and tapped her shoulder. When she turned around, he punched her- hard. She fell and blacked out (luckily in the grass area of the parking lot).

She ended up at Mayo clinic with a completely damaged eye- red, swollen and the whole side of her face swollen and damaged. Thankfully, she will heal and suffer no long-term damage.

She didn't know who the guy was until she started getting texts yesterday about the incident from witnesses.

Today when she talked to the officer, the officer stated that one of the witnesses said my daughter had pushed him first inside the house, so she would also get a ticket...

This isn't ok. Even if they were both pushing one another, he followed her and struck her.

Then, I called the dean of student affairs since he is on a student visa. He is from India. He has a history of yelling at and 'going off' on people.

Her medical bills are going to be high, so, that is a consideration here.

It seems as though the officer thinks my daughter shouldn't press charges...

I'm kind of lost here... I havent really slept since the incident, so, I'm not trusting my own brain right now about what is right.

Thoughts? Advice? Thanks in advance.
Bailey Howe

User ID: 1255710
United States
10/29/2018 11:15 PM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Saturday night my daughter (20) was at a friends house, as she went to leave, another person was leaving. They scuffled at the door (she thought jokingly) and she pushed past him and left. She called him some name and kept walking.

This man apparently caught up with her and tapped her shoulder. When she turned around, he punched her- hard. She fell and blacked out (luckily in the grass area of the parking lot).

She ended up at Mayo clinic with a completely damaged eye- red, swollen and the whole side of her face swollen and damaged. Thankfully, she will heal and suffer no long-term damage.

She didn't know who the guy was until she started getting texts yesterday about the incident from witnesses.

Today when she talked to the officer, the officer stated that one of the witnesses said my daughter had pushed him first inside the house, so she would also get a ticket...

This isn't ok. Even if they were both pushing one another, he followed her and struck her.

Then, I called the dean of student affairs since he is on a student visa. He is from India. He has a history of yelling at and 'going off' on people.

Her medical bills are going to be high, so, that is a consideration here.

It seems as though the officer thinks my daughter shouldn't press charges...

I'm kind of lost here... I havent really slept since the incident, so, I'm not trusting my own brain right now about what is right.

Thoughts? Advice? Thanks in advance.
 Quoting: ladulce


Dear OP,

So sorry to hear about your daughter. I hope she is feeling

much better and as time goes on she will recover.

First of all I am not lawyer & anything I post in response

to you does not constitue legal advice.

Let's take this apart:

The state you live in have laws about age of majority.

If your daughter is 20 yrs old perhaps she is of age

of majority meaning she is a adult.

Secondly, were there any CCTV cams around in recording

the behavior?

Your daughter was obviously trying to get away from this

individual who knocked her out.

To the best of my knowledge his punching her constitutes

A&B (assault & battery). In your state A&B has many degrees

of both and it could possibly be constituted as Simple

Assault or Battery (to whatever degree).

I highly suggest you contact your local or your daughter's

local police dept and file a report. Tell the story of what

happened and let things go from there.

With that report you may want to include what you have

stated "She didn't know who the guy was until she started

getting texts yesterday about the incident from witnesses".

Thisinformation should also be included in your or your

daughter's narration.

Follow common sense , file a report & let it go with

the flow.

It's not worth getting all bent out of shape about.

These things happen
"When I got up this morning Sigmund Freud was still in medical school"
Maiya
It's kind of fun to do the impossible.

User ID: 71161957
United States
10/29/2018 11:20 PM

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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Throw the book at the Indian. I work in IT and see too many of these entitled horn dogs abuse women. He tracked her down and attacked her! He needs to go home to India in disgrace.
They never thought she would lose. Now they all lose.
Anonymous Coward
User ID: 41173011
United States
10/29/2018 11:28 PM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Why are you asking what to do on here. If it was my daughter I would know what to do.
Zataranno

User ID: 73444263
United States
10/29/2018 11:30 PM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
There is laws about escalation and he violated them so you would win the court case. Jury will probably side with your daughter as long as she didnt call him a bad slur or really attack him with something.

Sounds like she was at a party and they were both drunk?

He will probably be able to leave and go back to India easily even if you win court case and not pay you anything and you will be left with legal fees.

Best solution is to post images on facebook/instagram/twitter and take out ads with images of your daughters beaten face and put them in advertisements with the colleges name on them to slander this kid. Have your daughter spread rumors and pay a private detective to follow him a few days to scare him and get more information on where he goes. Tell people that he has to deal with daily what he did to ruin his life.

Last Edited by Zataranno on 10/29/2018 11:35 PM
Pooka

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10/29/2018 11:30 PM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Universities try to get victims of crime not to report to police as it makes them look bad to their investors/alumnae. Give this to the police and leave it to them to handle. Do not avoid police report.

Edited to add - take photos of your daughter's injuries right now! Good clear photos from every angle.

Last Edited by Pooka on 10/29/2018 11:33 PM
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ladulce  (OP)

User ID: 77069001
Guatemala
10/30/2018 12:40 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Thank you all. We did call police that night. They escorted her to hospital.

Yes, they were both drinking. My daughter is 5 months short of 21, so is nervous about that.

I am asking on here because I feel that sometimes when we are too close to the situation we can't see objectively. I wanted to make sure that my gut reaction is right and that it isn't just because I am her mom.

I am really disappointed that officer seems to be being less than helpful. It was surprising to me.

I hope to hear from her tomorrow and will have a better idea of charges.

I am waiting to bombard online with his name and pictures, but, do intend to do so. I just want him to be charged first so that it isn't hearsay and so that it doesn't look like harassment.

I thank you all for your thoughts. I will review them better once I have a chance to get some sleep. Bless you all.
lightningrod

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10/30/2018 12:47 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
This happened on a University campus?

They have corrupt politics
Give Me Armageddon Or Give Me Death.
Zataranno

User ID: 73444263
United States
10/30/2018 12:52 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Thank you all. We did call police that night. They escorted her to hospital.

Yes, they were both drinking. My daughter is 5 months short of 21, so is nervous about that.

I am asking on here because I feel that sometimes when we are too close to the situation we can't see objectively. I wanted to make sure that my gut reaction is right and that it isn't just because I am her mom.

I am really disappointed that officer seems to be being less than helpful. It was surprising to me.

I hope to hear from her tomorrow and will have a better idea of charges.

I am waiting to bombard online with his name and pictures, but, do intend to do so. I just want him to be charged first so that it isn't hearsay and so that it doesn't look like harassment.

I thank you all for your thoughts. I will review them better once I have a chance to get some sleep. Bless you all.
 Quoting: ladulce


Yeah just be careful what you post though. You dont need to explicitly post his name really, just post images of your daughter and people who are outraged will find out who did it through word of mouth. You should hire a private detective to find out his background so you will know if he is the son of some indian tech tycoon or something so you know what to expect about how high profile it could become.

Last Edited by Zataranno on 10/30/2018 12:55 AM
StewieGriffin

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10/30/2018 12:57 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Did it happen in Minnesota ? Do they go to a college in MN ?

Last Edited by StewieGriffin on 10/30/2018 12:58 AM
ladulce  (OP)

User ID: 77069001
Guatemala
10/30/2018 11:14 PM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Did it happen in Minnesota ? Do they go to a college in MN ?
 Quoting: StewieGriffin


Yes, yes they do. LOL
PhallexJones

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10/30/2018 11:51 PM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
school and university city police usually like to keep violent crime reporting as low as possible so they can attract $tudent$ and tourist$
ok
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Wondering Mind

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10/31/2018 12:04 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Throw the book at the Indian. I work in IT and see too many of these entitled horn dogs abuse women. He tracked her down and attacked her! He needs to go home to India in disgrace.
 Quoting: Maiya


clappa
The most precious things are the simple things in life, always present in the simplest of minds.
MaxwellSmart007

User ID: 76803147
United States
10/31/2018 12:09 AM

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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Does she have a father?

He should go find the guy.Give him a piece of his mind.

Last Edited by messagehalted on 10/31/2018 12:10 AM
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Fatal Featherduster

User ID: 28208973
United States
10/31/2018 01:42 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Throw the book at the Indian. I work in IT and see too many of these entitled horn dogs abuse women. He tracked her down and attacked her! He needs to go home to India in disgrace.
 Quoting: Maiya


FUKK THAT PRESS CHARGES GET THAT SHITBAG KICKED BACK TO HIS SHITHOLE INDIAjay
 Quoting: HO LEE FUKK


This happened on a University campus?

They have corrupt politics
 Quoting: lightningrod


school and university city police usually like to keep violent crime reporting as low as possible so they can attract $tudent$ and tourist$
 Quoting: PhallexJones


And after he is arrested, charged and tried, sue the fucking "school" for having such an unsafe environment.

After all, if it weren't for the "school" he would not be around, or even in this country.. right?!?

Sue the shit out of them, you want her medical bills paid!

they are libtards, they deserve it!

High speed, low drag, alcohol powered, rain cooled, bundle of bird pieces on a stick..

Don't step in that!
Anonymous Coward
User ID: 77077836
United States
10/31/2018 01:45 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Saturday night my daughter (20) was at a friends house, as she went to leave, another person was leaving. They scuffled at the door (she thought jokingly) and she pushed past him and left. She called him some name and kept walking.

This man apparently caught up with her and tapped her shoulder. When she turned around, he punched her- hard. She fell and blacked out (luckily in the grass area of the parking lot).

She ended up at Mayo clinic with a completely damaged eye- red, swollen and the whole side of her face swollen and damaged. Thankfully, she will heal and suffer no long-term damage.

She didn't know who the guy was until she started getting texts yesterday about the incident from witnesses.

Today when she talked to the officer, the officer stated that one of the witnesses said my daughter had pushed him first inside the house, so she would also get a ticket...

This isn't ok. Even if they were both pushing one another, he followed her and struck her.

Then, I called the dean of student affairs since he is on a student visa. He is from India. He has a history of yelling at and 'going off' on people.

Her medical bills are going to be high, so, that is a consideration here.

It seems as though the officer thinks my daughter shouldn't press charges...

I'm kind of lost here... I havent really slept since the incident, so, I'm not trusting my own brain right now about what is right.

Thoughts? Advice? Thanks in advance.
 Quoting: ladulce


Press charges, get this fucker deported if you can. He has no place hitting one of our own or even being in our land.
The Patriot Mind

User ID: 73353450
United States
10/31/2018 01:53 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
You have her press charges ...take lots of pictures of her face

The criminal charge will not help with medical bills that will be a civil suit and if he is here on student visa his family has plenty of money if he stays in country or has plans of one day gaining citizenship

Don't back down

If her face is as bad as you say and you took pictures ... your good to go

Regardless of what any witnesses said happened at the door upon exit as he chased her down outside
Fighting and triggering liberals and SJW's in the trenches of their safe spaces since 2014

Signed,

The Patriot Mind
Anonymous Coward
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10/31/2018 01:53 AM
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Re: Need legal advice- Daughter assaulted by Indian man on Student visa
Why did your daughter push him out of the way initially?

Was he blocking her? Was he harassing her? Was she acting in self-defense at the time?

I'm not a legal expert by any means, but I think the above questions would answer whether her pushing was "justified" or not as self-preservation.

If she was just being a drunk asshole and pushed him to be rude, then she would have been the first one to instigate physical contact. I've always heard the first person to touch someone else in a provocation, even if gently, can get them charged.

So even though his reaction was more extreme, it should teach her a lesson not to put her hands on someone else first and not to initiate fights with men.





GLP