Legal Question in Criminal Law in California

She did not file the criminal charges. Only the District Attorney can initiate a criminal prosecution. Apparently the DA reviewed the police reports and concluded there was enough evidence to prosecute you.

The school disciplinary hearing is completely separate from the criminal case.

You should focus on the criminal case and stop worrying about the person who accused you. If you are convicted, you could be sentenced to jail and would have a criminal record.

Talk with your lawyer in the criminal case before taking any action.

A prior post of yours with slightly more detail was deleted, but the facts as I understand them is that she complained to the police as well, but no charges have been filed by the D.A. "yet". The police are seeking your side to help the D.A. decide whether to prosecute you.

You ought to be much more concerned with that problem than suing her, which by the way, would be fruitless if you are convicted in a "he said-she said" case.

A FAR better approach is not to talk to police yourself but to hire a lawyer now BEFORE charges are filed. Why? To make money for my friends? NO. Because what YOU say to police can be used against you in court and may even convince the D.A. to file charges. What a lawyer tells them in the pre-filing stage cannot be used against you, but can help you.

I often in this situation write the D.A. and enclose witness statements, background info on the victim, character evidence letters, and anything else that might show the D.A. the accuser is lying. It works about half the time to convince the D.A not to file at all.

the reason this is critical and worth a lawyer's time is that an arrest record alone (even if you are acquitted by a jury) will haunt you all your life. Do EVERYTHING you can to avoid an arrest. If you ARE arrested or charged, and if you win, you should petition for factual innocence under Penal Code Section 851.8 to seal and destroy the arrest record. If she also went to family court and got an "Emergency Protective Order" against you, be aware that these orders are entered into the state wide CLETS electronic system that feeds in to every police car computer. that would need to be sealed and destroyed too. I was successful in getting one sealed and destroyed, though it is rare.

For further information on Domestic Violence false complaints and factual innocence relief, you can read articles here:

http://lawyer-domestic-violence.com/domestic_violence.htm

http://lawyer-domestic-violence.com/results.htm

http://lawyer-expungement.com/petition.htm

http://lawyer-expungement.com/results.htm

I want to emphasize that you are not taking the criminal complaint nearly seriously enough. Getting your "day in court" is not a "golden opportunity." It is a disaster to be avoided if at all humanly possible. Good luck.