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Utah Complaint and Jury Demand - Assault and Battery in fist fight

State:
Utah
Control #:
UT-KS-378-01
Format:
PDF
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A01 Complaint and Jury Demand - Assault and Battery in fist fight
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FAQ

Pull the header information from the plaintiff's petition. Title your Answer Answer to Plaintiff's Petition/Complaint. Center this title and make it bold. Introduce yourself. Admit, deny, or claim that you lack sufficient knowledge to admit or deny each of the plaintiff's numbered allegations.

Criminal charges can involve fines and imprisonment if the court determines that party is guilty of assault or battery. Assault involves an intentional attempt to harm another person, regardless of whether the harm occurred or not. Battery refers to any intentional hits the victim suffered.

Although the general policy of police is not to withdraw domestic violence-related proceedings, this certainly does not mean that it cannot be done. Assault charges and police AVOs can be withdrawn if you (or your lawyer) are able to convince police that there are good reasons to do so.

In general, the law allows you to mistakenly defend an initial aggressor (the person who started it) in a fight. In selfdefense cases, if you are the initial aggressor in a fight, the law will not allow you to claim self-defense unless in good faith, you endeavor to withdraw from and abandon the conflict.

The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a "battery" in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

Negotiate with the plaintiff to try and come to an agreement about settling the matter. You may be able to agree that the statement of claim is withdrawn. This means there will be no judgment against you. 200b200bPay the full amount owed and notify the court by filing a document called a notice of payment.

If you or someone you know has been attacked in a public place, the first thing to do is call the police. Failing to notify law enforcement can actually impair your ability to make civil claims later for injuries or damages suffered in the attack. If injured, you should also seek medical attention.

Arrest. You will most likely be arrested and processed when you are charged with assault. You will then be given a bail hearing, during which a judge will determine if you should be granted bail and how much your bond should be.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

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Utah Complaint and Jury Demand - Assault and Battery in fist fight