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Mother Assaulted By Person In Group Home. What Legal Recourse? (ny)

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Yesterday my mother and another person were assaulted by someone from a group home for people with intellectual disabilities around the block from her. My mother is physically disabled, she often has him over to pay him for yard or household services or just to make him food and have company.

Him and the other person assaulted were in the livingroom sweeping. My mother was in the kitchen making them all food. He was asked to hold a dustpan while the other person swept and proceeded to crack him over the head with the dustpan. He ended up needing 4 staples in his head. He then proceeded to throw my mother's TV on the ground to stomp on it. My mother came in the room to help the man bleeding and to tell him to get out or she was calling the police. He proceeded to throw her onto the couch and started trying to punch her. My mother and her friend got away to the kitchen to call the police. The perpetrator then destroyed the dining room, ripped the thermostat off the wall, threw my mother's coffee maker at her and stomp on the open dishwasher door destroying it. While she was trying to get to her bedroom he pushed her down a flight of 3 stairs. He then left. Police showed up after he left. They found him on his bike down the road but did not arrest him, just took him back to the group home.

My mother is bruised, sprained in 3 places, possibly concussed and scared with him being so close and having a key to her home. I'm unsure why he was taken back to the group home and not arrested. I'm also unsure how to proceed. Are we able to get an emergency order of protection without him being taken into custody at all? Are we able to sue him for damages or the group home? We were also told (but cannot confirm) that he is supposed to be on medication but the home has not been giving it to him.

submitted by /u/opossum_bite
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