If you have just been physically assaulted, the order of operations is simple: get somewhere safe, get medical care, report the attack to police, and start documenting everything while it is fresh. Those four steps, taken in the first hours and days, are what make every later option possible — the criminal case, a protective order, victim compensation, a civil lawsuit for damages, and job-protected leave while you recover. This guide walks through what to do if you are physically assaulted, step by step, and the rights that attach once you have taken those steps.
Get Yourself Safe First
Put distance between yourself and the person who attacked you. Go somewhere with other people around: a neighbor’s house, a store, a restaurant, a shelter. If the threat is ongoing, call 911 from wherever you are. Nothing else on this page matters until you are physically out of reach.
See a Doctor, Even If You Feel Fine
Get medical attention after any assault, even one that seems minor. Adrenaline hides pain, and concussions, internal bleeding, and hairline fractures do not always announce themselves right away. A medical visit does two jobs at once. It treats you, and it creates a dated record linking your injuries to the attack. That record is one of the strongest pieces of evidence you can bring to a criminal case, a protective order hearing, or a civil claim.
Tell the treating provider exactly how you were hurt — be specific about what happened, where you were struck, and what you are feeling. Their notes become part of your medical file, and you can request certified copies later for court.
Report the Assault to Police
Call 911 if there is any continuing danger. Otherwise, go to your local police station and file a report as soon as you are safe. A police report is the formal entry point into the criminal justice system; without one, prosecutors rarely have what they need to bring charges.
Give as much detail as you can: a physical description of the person, the location and time, what happened in sequence, and any words exchanged. Mention anyone who may have seen it. Ask for a copy of the report and the case reference number, and write down the names and badge numbers of the officers you speak with. You will need that case number for almost everything that follows, from applying for a protective order to filing an insurance claim.
Your first statement does not have to be perfect. Memory after trauma comes back in pieces, and you can give supplemental information to the investigating officer later. What matters is getting the initial report on file while details are fresh.
Build Your Own Record
Official reports miss things. Your own documentation fills the gaps and often becomes the clearest evidence of what you went through.
- Photograph your injuries in good light, with a timestamp visible. Bruises darken over the next two to three days, so keep photographing throughout the healing process to show the full extent.
- Preserve physical evidence. If your clothing was torn or stained, store it unwashed in a paper bag. The National Institute of Justice warns against plastic bags because they trap moisture and degrade biological evidence.1National Institute of Justice. Tips to Protect Crime Scene Evidence
- Write down what happened as soon as you are able. Date, time, location, what was said, what was done, sensory details you might forget later.
- Collect witness information. If anyone saw the assault or the immediate aftermath, get their name and phone number. Independent accounts strengthen both criminal and civil cases.
Keep all of it in one place — a folder on your phone or a physical file. The police report number, medical records, photographs, your written account, and witness contacts together form the foundation for every legal avenue available to you.
Get a Protective Order
A protective order, sometimes called a restraining order, is a court order prohibiting the person who assaulted you from contacting you, coming near your home or workplace, or approaching you at all. If you know your attacker and fear further contact, it is one of the fastest legal protections you can get.
You file a petition at your local courthouse describing the assault and why you need protection. Bring your police report number, injury photos, and anything else you have gathered. Many courts can issue a temporary emergency order the same day, without the other party present, and schedule a full hearing within a few weeks. In most jurisdictions there is no filing fee for victims of violence.
An order issued in one state is enforceable in every other state. Federal law requires courts and law enforcement nationwide to honor valid protection orders from other jurisdictions.2Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders Keep a copy on you, and call police immediately if it is violated.
Most states also run address confidentiality programs that give assault victims a substitute mailing address so their real location stays out of public records. These are typically run by the secretary of state’s office and are open to victims of domestic violence, stalking, and sexual assault. Ask the victim advocate at your local courthouse or prosecutor’s office how to enroll.
Your Rights as a Crime Victim
Once a criminal case is moving, you are not just a witness. The federal Crime Victims’ Rights Act gives you specific rights, and every state has its own version. Under 18 U.S.C. § 3771 you have the right to:3govinfo.gov. 18 USC 3771 – Crime Victims’ Rights
- Be reasonably protected from the accused.
- Receive timely notice of any public court proceeding, parole hearing, or release.
- Not be excluded from public court proceedings.
- Be heard at proceedings involving release, plea deals, or sentencing.
- Confer with the prosecutor handling the case.
- Receive full and timely restitution as provided by law.
- Proceedings free from unreasonable delay.
- Be treated with fairness and respect for your dignity and privacy.
State laws mirror most of these, and every state lets you submit a victim impact statement at sentencing.
Victim Impact Statements
A victim impact statement is your chance to tell the judge, in your own words, how the assault affected you physically, emotionally, and financially. Judges weigh these statements when deciding a sentence, and the financial portion feeds directly into the court’s restitution calculation. You can submit a written statement, speak in person at sentencing, or both. Contact the victim-witness coordinator at the prosecutor’s office early so they can schedule your time. The defendant and defense attorney will typically see your written statement, though personal identifiers like your home address are usually redacted.4Department of Justice: Criminal Division. Victim Impact Statements
If the Prosecutor Declines or the Jury Acquits
Sometimes charges are never filed, or the defendant is acquitted. That does not close off your other options. You can still pursue a civil lawsuit, apply for victim compensation, and keep a protective order in place. Criminal and civil cases are separate tracks with different standards of proof — a “not guilty” verdict means the evidence did not meet the criminal standard of beyond a reasonable doubt, not that the assault did not happen.
Apply for Crime Victim Compensation
Every state, the District of Columbia, and U.S. territories run crime victim compensation programs that reimburse out-of-pocket costs tied to the assault.5disasterassistance.gov. State Crime Victims Compensation These programs exist so victims do not have to absorb the financial fallout of someone else’s crime.
Federal law requires participating state programs to cover at minimum medical costs (including mental health counseling), lost wages from a physical injury, and funeral expenses in a death case.6Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation Many states go further and also cover relocation, transportation to medical appointments, and child care during recovery.
To apply, you generally need to have reported the crime to law enforcement and submit the application within the state’s filing deadline, which varies but is often one to three years from the date of the crime. Some states allow extensions for good cause. You do not need the attacker to have been identified or convicted. Programs cannot deny your claim based on immigration status, and they must serve victims regardless of whether they live in the state where the crime occurred.6Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation Your state attorney general’s office or a courthouse victim advocate can help you start the paperwork.
Consider a Civil Lawsuit
A civil suit is separate from the criminal case. The state prosecutes crimes; you file a civil claim to recover money for what the assault cost you. You can sue even if charges were never filed or if the defendant was acquitted.
Damages fall into two categories. Economic damages cover measurable losses: medical bills, therapy, prescriptions, and wages lost while you could not work. Non-economic damages compensate for harm that does not come with a receipt — physical pain, emotional distress, anxiety, sleep loss, the broader effect on your daily life. In particularly egregious cases, some jurisdictions also allow punitive damages aimed at punishing the attacker rather than compensating you.
Pay close attention to the deadline. Every state sets a statute of limitations for civil assault or battery claims. The shortest are one year from the date of the assault; some states allow up to six; most fall in the one-to-three-year range. Miss it and you almost always lose the right to sue. Consult an attorney early even if you are not sure you want to file. Many personal injury lawyers offer free initial consultations and work on contingency, collecting a fee only if you win. Court filing fees vary by jurisdiction and typically run from under $100 to several hundred dollars, with a fee waiver available if you cannot afford it.
Protect Your Job While You Recover
A serious assault can keep you out of work for weeks, from physical injuries or the psychological aftermath. Several laws help you keep your job during that time.
Family and Medical Leave Act
The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave in a 12-month period for a serious health condition that prevents them from doing their job.7Office of the Law Revision Counsel. 29 US Code 2612 – Leave Requirement Assault injuries qualify if they involve inpatient care or continuing treatment, which the regulations define as more than three consecutive days of incapacity plus at least one follow-up visit within seven days.8eCFR. Part 825 The Family and Medical Leave Act of 1993 PTSD and other psychological conditions resulting from the assault can also qualify if they meet those thresholds. Eligibility generally requires 12 months with your employer, 1,250 hours in the previous year, and a worksite with 50 or more employees within 75 miles.9U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act The leave is unpaid, but your employer must maintain your health insurance and hold your position or an equivalent one.
State Safe Leave and ADA Accommodations
A growing number of states have enacted “safe leave” laws that specifically grant job-protected time off to victims of violent crime, covering medical treatment, court appearances, counseling, and safety planning. Some states make this leave paid. The Department of Labor has noted that the Americans with Disabilities Act may also require employers to provide reasonable accommodations for employees dealing with physical or mental health conditions resulting from an assault.10U.S. Department of Labor Blog. 4 Types of Employment Laws That Can Help Domestic Violence Survivors at Work If you are fired or retaliated against for missing work because of the assault, talk to an employment attorney about your options under both federal and state law.
Where to Get Help Now
If the assault involved a domestic partner or someone in your household, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. You can also text START to 88788 or chat at thehotline.org. For any type of violent crime, the victim-witness advocate at your local prosecutor’s office can walk you through the criminal process, help you apply for compensation, and connect you with counseling at no cost. Reaching out early gives you the widest range of options.