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How long to press an assault charge

  • 08-04-2012 1:14pm
    #1
    padr81
    Registered Users, Registered Users 2 Posts: 945 ✭✭✭


    Physical assault by an adult against one of my kids (not sexual). It happened last may and i've being thinking and throwing it back and forward in my mind as whether or not to push this as the person is close to my kids but I've bein informed I only have a year in which to do it, is that true?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    padr81 wrote: »
    Physical assault by an adult against one of my kids (not sexual). It happened last may and i've being thinking and throwing it back and forward in my mind as whether or not to push this as the person is close to my kids but I've bein informed I only have a year in which to do it, is that true?

    Depends on whether you want to go the criminal route and get the guards involved or the civil route if you are looking to get compensation.

    You need to speak to a solicitor who can hear the full facts and give you advice on what to do, any advice you get on the internet where people dont know the situation could easily be wrong.

    For your information, the statute of limitations are:

    Civil
    Personal Injury : 2 years
    Trespass to the person : 6 years
    But the time wont start running until the child comes of age.


    Criminal
    Assault: guards generally have 6 months to issue a summons.

    These are just general principles and are littered with exceptions so that is why you need a solicitor but it is advisable not to delay.


  • #3
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    Information on time limits for criminal offences is here

    http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html

    Be aware that in the case of criminal proceedings it is not you pressing the charges, it is the state, so it's up to the state authorities as to whether or not they wish to proceed with a prosecution.

    Assault may be an indictable offence, depending on how serious it was, so time limits in general wouldn't apply.


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Predalien wrote: »
    Assault may be an indictable offence, depending on how serious it was, so time limits in general wouldn't apply.

    Thats true but considering the alleged assault took place last may, I'm guessing it wasnt too serious if there has been no proceedings commenced. So it is probably only a s.2 assault, some angry neighbour pushed the kid for smacking his car with a ball etc etc so the 6 month limit has probably passed at this stage.


  • #5
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    NoQuarter wrote: »
    Thats true but considering the alleged assault took place last may, I'm guessing it wasnt too serious if there has been no proceedings commenced. So it is probably only a s.2 assault, some angry neighbour pushed the kid for smacking his car with a ball etc etc so the 6 month limit has probably passed at this stage.

    I'm inclined to agree, but didn't want to speculate as to the alleged offence.


  • #6
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Given a delay of nearly a year I suspect a criminal case would go nowhere.


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  • #7
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    There's obviously something is op is not saying. A good parent faced with a serious assault on their child would go to the gardai immediately and the gardai would spring into action.

    If you're after damages or a pound of flesh, speak to a solicitor.


  • #8
    padr81
    Registered Users, Registered Users 2 Posts: 945 ✭✭✭padr81


    No not damages or seeking a pound of flesh, I was considering a criminal assault and reported to gardai at the time but I asked them to give me time to decide if I wanted to persue it and never heard back from them but I can't get into the details too much. I guess the 6 months is gone as it wasn't gbh or anything and I can't proceed its just something I've bein wracking my brain over the last year or so as I really want to do whats right but not to hurt the person who commited the assault while I also feel like I've let someone go unpunished for hurting my kid. Anyway thanks for the advice guys.


  • #9
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    padr81 wrote: »
    No not damages or seeking a pound of flesh, I was considering a criminal assault and reported to gardai at the time but I asked them to give me time to decide if I wanted to persue it and never heard back from them but I can't get into the details too much. I guess the 6 months is gone as it wasn't gbh or anything and I can't proceed its just something I've bein wracking my brain over the last year or so as I really want to do whats right but not to hurt the person who commited the assault while I also feel like I've let someone go unpunished for hurting my kid. Anyway thanks for the advice guys.

    They wouldn't come back to you looking for you to make a complaint. It's down to you whether you want to make a complaint or not.


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