Assault usually precedes
battery, but not always. It requires no contact. It is actionable per se
and no real injury is required. As in cases of battery, you may seek damages to
compensate for emotional injury via assault as well. The act of assault should
be a positive act
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Directly and
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Intentionally causes reasonable apprehension of imminent battery
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Without lawful excuse or justification (defenses)
“Reasonable Apprehension of Imminent Battery”
Sometimes, a cause of action in assault arises even when
there is only an apprehension of imminent battery. Whether the act causes
reasonable apprehension of imminent battery is a question of fact. In essence, you
have to show that you had reasonable expectation for battery to immediately
follow after the assault and that the person who committed the assault had the
means to carry out his threat. However, there is no need for you to prove fear.
You may be surprised
to note that in an exceptional foreign case, the court even ruled that silent telephone calls causing its recipients to reasonably
apprehend imminent violence could amount to assault where the defendant did
intend for the phone call to be threat.
Legal
Advice
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