Legal Question in Criminal Law in California

Civil suite regarding accusations of a minor child
If a person has been accused of abusing a minor child and the charges have not been filed because of lack of evidence can the parents of the monor child file a civil suite because of personal damage to this person even though no charges where filed? I hope I have given you enough information to give me an answer.

Thanks

jn

Asked on 1/27/06, 10:45 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Civil suite regarding accusations of a minor child

Yes. What the prosecutor decides has nothing to do with parents' can sue.

Answered on 1/27/06, 10:51 pm

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Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Civil suite regarding accusations of a minor child

Yes. What the prosecutor decides has nothing to do with whether the parents' can sue.

[Sorry about the editing error in my previous post.]

Answered on 1/27/06, 10:57 pm

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H.M. Torrey The Law Offices of H.M. Torrey

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Re: Civil suite regarding accusations of a minor child

Civil and criminal claims are different, even though they may appear on the surface to be the same or similar. The standard of proof is alot more difficult in criminal actions than in civil. However, the defenses in a civil action are also alot easier to prove more often than not. For a free phone consultation, contact us directly.

Answered on 1/28/06, 4:28 am

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