Family … you can’t live with ’em … can’t shoot ’em. But can you sue them for assault or battery? The answer may depend on where you live. But should you? That’s totally your call, but we can touch on that.

Sometimes we hurt the people we love the most, and families fall smack dab in the middle of that. Unfortunately family members do assault and batter fellow family members. Assault, which is threatened bodily harm, and battery, which is unwanted physical touching, can come at the hands of anyone.

Know When to Hold ‘Em, Know When to Fold ‘Em

Back in 2015, there was a lawsuit in which an aunt sued her 12-year-old nephew for hugging her too hard at his birthday party. He greeted her with a little too much gusto. She didn’t appear hurt afterwards, though she claimed that was only an appearance so that she wouldn’t spoil his party.

Domestic Violence – a Different Crime

If the victim and assailant live in the same house, the crime may fall under a different statute - domestic violence. These tort laws allow you to either recover damages or get injunctive relief. Domestic violence doesn’t have to just mean your spouse or partner or significant other. It usually means anyone living in your house, which often includes siblings, usually minor siblings.

Also keep in mind that a minor can’t file a lawsuit, nor can a minor be a defendant in a lawsuit. Therefore, if a minor sibling wanted to sue another minor sibling in the house, you would actually have a parent suing a parent. This may be more trouble and mess than it’s worth. You may just have to pick sides on this one and settle within the confines of your four walls.

Nothing here actually prevents you from suing a family member for assault or battery. It just gets complicated. But then again, when is family not complicated? If you want to talk about your case with a legal professional to find out if it is worth pursuing, contact a local personal injury attorney. Don’t worry – they have heard it all before. You won’t shock anyone by saying you had a fight with a family member. And after all, such feuds are part of Americana.

Related Resources:

  • Find a Personal Injury Attorney Near You (FindLaw’s Lawyer Directory)
  • Suing a Family Member for Personal Injury (FindLaw Injured)
  • 5 Things to Consider Before Suing Your Relative (FindLaw Law and Daily Life)

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