Knock yourself out
COUNT TWO ASSAULT AND BATTERY
1. Plaintiff repeats the allegations of Count One of the Complaint as if set forth verbatim and at length.
2. On or about ________________________, 2015, defendant did bad things.
3. As a result of the aforementioned occurrence, plaintiff suffered severe physical and emotional trauma, necessitating medical intervention (or not).
4. As a further result of the aforementioned episode, plaintiff filed domestic violence complaint against defendant under Docket No. ___________________, which action (results), or not.
5. As a direct and proximate result of defendant's actions, plaintiff has experienced and will continue to experience physical and emotional pain and suffering and will require additional medical attention in the future, or something like that.
6. The actions by the defendant in attacking plaintiff at the time and place set forth above were done intentionally with the express and exclusive purpose of causing grievous and severe physical injury (maybe not that intense) to plaintiff and to cause plaintiff to be in fear of further physical injury.
7. As a result of the defendant's intentional, willful, malicious and/or gross negligence and/or wanton disregard of the surrounding circumstances and safety of the plaintiff (or words that get your point across less operatically), the plaintiff sustained serious, permanent and painful injuries (if so, degree taken into account), will in the future experience great pain and suffering (if so, degree taken into account), was obligated to expend large sums of money for medical care and attention (if so, degree taken into account), was caused to lose large sums of money for wages she would have earned but for her injuries (if so, degree taken into account), will in the future lose further sums of money for lost wages (if so, degree taken into account), was deprived of pursuing her usual activities (if so), and will in the future be so deprived of pursuing her usual activities (if so).
8. At the time of the domestic violence trial (if there was one), the plaintiff specifically reserved her right to damages, because the extent and duration of the medical treatment, both physical and mental, had not yet been determined (if so).
WHEREFORE, plaintiff demands judgment against the defendant, as follows:
1. For compensatory damages in an amount that is fair and just;
2. For punitive damages in an amount that is fair and just;
3. For costs, including reasonable attorney's fees;
4. For such other and further relief as the court deems equitable and just.
That should give you a good start anyway.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 06-03-2015 15:24
From: Felice Londa
Subject: Tevis Claim
Rachel,
Just add it as an additional count in your divorce complaint, using language as you would for a personal injury, and be sure to seek compensatory and punitive damages. I was very successful in such a claim that went to trial. The court first awarded equitable distribution and then awarded damages against the defendant from his share of the equitable distribution. It also defeated the defendant's claim that he was entitled to alimony.
F
Felice T. Londa, Esq.
Londa & Londa, Esqs.
277 North Broad Street
Elizabeth, New Jersey 07208
Work (908) 353-5600
Fax (908) 353-5610
[email protected]
www.LondaLaw.com