This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
Montana Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Assault And Battery?
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FAQ
For assault and battery, the statute of limitations is two years. (Refer to §27-2-204(3).) For wrongful death claims, the statute of limitations is three years.
Partner or family member assault -- penalty. ( 1) A person commits the offense of partner or family member assault if the person: (a) purposely or knowingly causes bodily injury to a partner or family member; (b) negligently causes bodily injury to a partner or family member with a weapon; or.
No Contact Order Information This order prohibits any contact with the alleged victim(s) of this offense. No Contact includes by phone, email, in person (within 1500 feet), electronic communications, and through a third-party.
The Montana Tort Claims Act includes several immunities, including immunity from liability for injury suffered by an inmate as a result of an officer's, agent's, or employee's negligence.
In Montana, it is considered that a person commits the offense of Partner or Family Member Assault if he or she: Intentionally causes bodily harm to a partner or family member. Negligently injures a partner or family member with a weapon.
Assault is Montana's misdemeanor Assault statute. A person commits the offense of Assault when he or she purposely or knowingly causes bodily injury to another, makes physical contact of an insulting or proving nature with an individual or causes reasonable apprehension of bodily injury to another.
Under MCA § 45-5-206(1), to be convicted of partner or family member assault, the prosecution must prove the following elements at trial beyond all reasonable doubt including: That the Defendant caused bodily injury to the alleged victim, a partner or family member; and. That the Defendant acted purposely or knowingly.