My ex boyfriend came to my place whilst ...

Asked by Nini on 24-09-2024 03:58:55
Question posted in the General Law category relating to Free State

My ex boyfriend came to my place whilst I was sitting with my minor son in my car. He gets into my car at the back and started accusing me of viewing TikTok statuses. We argued, he gets angry and slapped me through my face with his back hand. When I want to retaliate in defence, he started recording me. I threw a bag at him, he gets out of the car and went to his. I follow him and he closes his window wich held my fingers tight and it was very painful. I go back to my car to get a plate to cover my face and eventually throw it at him. He closes the window which locked my upper arms and he started the vehicle and moved off. I sustained injuries on my upper arms. I opened a case against him and when he learned that he also opened one against me. The part where he dragged me whilst my arms were trapped in his window is not recorded. How can I win this case

Message from the Lawyer

Posted by Att. Patrick on 24-09-2024 08:19:31

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

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It sounds to me as if you guys got into a fight which then grew out of control, and that it was actually fuelled by emotions. This is the perfect type of dispute which should be resolved by way of a mediation (with a court appointed mediator) through the criminal Court instead of criminal prosecution.

I think that you definitely have a case against him for assault, especially the initial assault, however the risk that you run with his second assault is that he could very well claim that he was acting in self-defense by closing his window and trying to drive away when you came to attack him and throw the plate at him.

This is a big concern for me because he could very well succeed in the self-defence defence if he can show that he was simply trying to defend himself.

It would have been much easier to win your case if you didn't realiate with him.

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