Assault + Stealing car keys

[say_wat]

http://www.zgeek.com/forum/showthread.php?p=965438

Fellas, any legal advice on the above event would be highly appreciated... Also, what is the process if a witness wants to be confidential due to any reason.

This is a semi bitch/rant exposition..

Last night right after i dropped the gf off to her parents house (who don't know shes going out wid me blah blah fishcakes), she managed to have a fight with them and get herself kicked out. Naturally she called me and i went back to assist her and convince her to go back home citing the craziness of parents and the lack of seriousness when they kick their own kid out for feeble reasons... Ofcourse she wouldn't have any of it, and didn't go.

She decided to hang about in my car with me behind her house...until we heard her brother/cousins callin out for her, ofcourse she ushered me to drive off quickly and being the whipped individual that i am, i drove off. After a while we decided that she should go back home so i dropped her off near her house and she was walking back home. as i was turning back from her house a car screached to a stop and angled itself in front of me, blocking my way.

Her brother's car. They obviously recogonised my car from when i drove away- anyway they asked me to pull my windows down etcetera, and i did; asking em wat their problem was. They're like "whats going on, bro" - i responded with playing dumb. This is when one of them grabbed my car keys from the ignition - 'wtf! give my fucking keys back' then they start getting violent trying to push me. This is when the Gf comes out with her dad tellin em that theyre harassing someone, ofcourse they ushered her back in... They were still trying to get violent with me pushing me, so I grabbed the nearest one's collar and shook him abit (ripping his shirt *girly* in the process). I had a good grip of his collar and kept him away coz he was trying to lay punches in on me-- all of a sudden another comes and punches me on the face. Wtf! so i grabbed his collar with the other hand and pushed him away - then the first one joines in because i gave him a little less attention and punches my head. This is all a bit much so i grab em both and push them back - with the limited manouveribility i had in the car. This is when i was really angry so i stepped out of the car and demanded the keys back, and to call the police. I didnt want to get into a fight because of my law degree etcetera... They gave the keys back after a few words were shared, and i decided to drive off down the road and call the police.

Police = not helpful. The stupidest bunch of outcasts in the world. I've always had respect for police, but thats coz i hadn't dealt with them, and the more i dealt with them, the lesser the respect became. Anyway, they wrote down a small report, but i will go to my local copshop today and discuss the matter further. I totally want to press criminal charges on these fuckers...The girlfriend is willing to be a witness (confidentially, she doesn't want her family turnin against her).

Ok, thats off my chest.
Any advice on the matter would b good too
Offers to beat the fellas up will be sadly rejected as thats something i'm well capable of myself, but don't want to get onto the wrong side of the law.

[Benwah]

Did they damage you or your property?

[say_wat]

yes , they punched my face, and i ahve a bruise under my left eye, and a pump on my forehead. Im not sure if they scratched my car or not, i havent looked. They did steal my keys for a duration until i convinced em to give it back.

[Benwah]

Hire a lawyer and sue them, they assulted you.

Are they over 18?

[say_wat]

Yes, i am over 18. Hire a lawyer, but wont the costs be more than the returns

[Benwah]

Depends really. Are the kids who assulted you over 18? do they have any money? if they insulted you then they would have to pay damages and court costs right? You could consider taking out an AVO?

[say_wat]

yes, they are over 18 too as far as i know. Certainly going to look into hiring a lawyer now... just need to discuss some issues like the confidentiality of the witness etc wid em... any recommendations?

[Benwah]

Before you see them be 100% on what witesses are willing to say/not say,have an Idea of what outcome would be best for you and your lady.

[say_wat]

The only witness that i know is my Gf, who saw everything from her house. Her dad saw everything too, but i dont think he would be willing to testify. We'll see wat happens.

Someone else called the police aswell, it might have been a neighbouring house. Perhaps they also saw what happend. I'm not quite sure atm.

[Benwah]

If it gets out of control her Dad might have to testify depends on how far you want to take it I guess.

[Vally]

I would sue them. they should not get away with it. I hate pricks that think they are kings and do what every they want.

[Directed]

#1 say_wat. Is this girl someone you really like? If so, sueing her brother is not a good idea.

#2 You took a couple lumps, big deal. Take it like a man. Don't turn into a whining sissy boy and start suing them. Its going to take more time and effort than it is worth, and they will make up a story you can't disprove, and it will end up being for nothing

#3 You and your girlfriend better sort out what your relationship is going to look like and how you can manage to get along with her and her family. As long as she is living with them, her family will be in the picture.

#4 Beware of a girl in a family like this. She may have some emotional issues you are going to need to work through. Not saying dump her, but keep your eyes open and don't be stupid.

#5 There's more, but this is a big enough post.

[Sagacious]

#1 say_wat. Is this girl someone you really like? If so, sueing her brother is not a good idea.

#2 You took a couple lumps, big deal. Take it like a man. Don't turn into a whining sissy boy and start suing them. Its going to take more time and effort than it is worth, and they will make up a story you can't disprove, and it will end up being for nothing

#3 You and your girlfriend better sort out what your relationship is going to look like and how you can manage to get along with her and her family. As long as she is living with them, her family will be in the picture.

#4 Beware of a girl in a family like this. She may have some emotional issues you are going to need to work through. Not saying dump her, but keep your eyes open and don't be stupid.

#5 There's more, but this is a big enough post.

What he said.

As a lawyer I can tell you now that if you attempt to sue them civilly then the cost to you of doing so will more than outstrip anything you might recover from these 18 year old own nothing live at home with mum and dad punks anyway. That's the best case scenario. Worst Case Scenario...they concoct some BS that the judge believes (0n balance of probability) and you get to pay your own and their costs into the bargain.

If you try to run to the coppers and your girlfriend will only testify on the basis of her maintained anonymity then guess what she ain't going to testify cos she ain't gonna get called. You see there's this little legal technicality that dictates that an accused is allowed to face their accuser in open court (does not apply where the complainant or witnesses are children or persons suffering an intellectual disability) and also that the accused has the right to cross-examine the witness as to their testimony.

Other than that what directed said.

[say_wat]

How about if i just want to make sure they get a criminal record for thier actions -- i don't really have a need to sue them.

The only reason i didn't belt them with my steering lock was that i don't want a criminal record, i wish to get something out of my self restraint....

[say_wat]

what about private court hearings? is that possible... to stop all her family n friends coming down to watch the event

[Girl.]

Uhh.. justice must be seen to be done. That's not gonna happen.

[Jimma]

How about if i just want to make sure they get a criminal record for thier actions
You're kidding right? Newsflash Polly Prissy Pants - everyone gets hit a couple times in their life and it's not a big deal. Maybe if it was actually a beating, like shattered cheeks, broken bones, that sort of thing - and you needed proper attendance. This is just a punch. Vexatious litigation is too saddening.

[That Bloke]

Just key their cars, or shit in their shoes.

[say_wat]

honest to God, i'd just beat them all up if i hadn't starting this darned law degree..

[Jimma]

Yeah lawyers aren't allowed to have physical contact with anyone.

[scathing]

honest to God, i'd just beat them all up if i hadn't starting this darned law degree..

As a prospective lawyer, you should know that something is only ever illegal if you get caught and it can be proved.

[Asmodeus]

You're kidding right? Newsflash Polly Prissy Pants - everyone gets hit a couple times in their life and it's not a big deal. Maybe if it was actually a beating, like shattered cheeks, broken bones, that sort of thing - and you needed proper attendance. This is just a punch. Vexatious litigation is too saddening.


nah, just go fuck their cousin or sister or something.

[say_wat]

I already am.

[KrisEz]

in that case call them during copulation. man if i had a sister and someone called me during the banging of said sister.... BOIL MY BLOOD!

[Directed]

say wat, did my post even register in your brain? Do you have any response to it at all? Honestly you are sounding like a whiny kid right now.

[vladi]

say wat, did my post even register in your brain? Do you have any response to it at all? Honestly you are sounding like a whiny kid right now.

Directed mate this guy seems pretty whipped, especially since he thinks he is going to marry this girl. A mate of mine is currently almost as whipped and has become immune to the forces of logic and reason, to the point where he pretty much ignores anything that might be seriously wrong with the relationship and his/her actions.

Trying to give whipped guys advice is like :banghead:

[jasebert]

Honestly dude it aint worth it. I would just get on with it. Sometimes unfortunantly shit happens. It makes you feel crappy and what not, but life goes on.

Sorry dude, I really wish ass hats like this would get the same done to them, but you seem very smart (you are doing law), seem like you have it all together, and these ass holes are just being ass holes.

[Sashasword]

How loyal are your best friends?
Get them to do your dirty work.
That way, there's no blood on your hands (literally).

Smart people don't get caught.

[Haggisboy]

If it wasn't for the fact that you intend on carrying on with this girl and potentially having further contact with her family, I'd say forget the litigation, just get even.

Do they have cars? Try slipping by their place at night and letting the air out of their tires. Or getting some really fatty slices of cold cuts (mortadella is great - or spam) and rubbing it all over their windshields and windows - fucking brutal to get clean. No actual damage is done (unlike keying), but a huge whopping shitload of pain in the arse.

[Kez]

I say old chap, you might as well shit in their shoes while you're at it.

If they have a sunroof in the car, glue it shut. I've seen this done once before, and it's the worse fucking thing you can have done, as you have to replace the outer trim of the roof.

Araldite is your friend, but this is illegal and very very bad, and I dont take credit for the idea.

[Tigress]

My two cents, which comes from no legal background at all, but is purely based on seeing the effect it has had on others - get an AVO out on them. No legal costs, no court case that may only result in your word against theirs, just purely an AVO that they will have to acknowledge.

I know it sounds lame, but don't jeapardise your studies for the sake of a couple of wankers.