Legal Question in Criminal Law in California

My wife was sexually assaulted by her uncle and she pressed charges. The uncle was arrested and is out on bail and now awaiting for the hearing for the Permanent Restraining Order. The uncle was charged with sexual battery and false imprisonment. Does my wife need an attorney for that hearing? Is this considered as a Criminal charge? Can she get compensation for her suffering?


Asked on 12/09/09, 12:41 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

By definition, this is a 'criminal' proceeding. The DA is her attorney. If she wants compensation, the DA must seek it as 'restitution', or she can sue for damages.

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Answered on 12/14/09, 1:35 pm
Brian McGinity McGinity Law Office

Generally when someone is arrested and charged with a crime the initial hearing is an arraignment. This is where the Defendant is formally notified about the charges against them and they are given an opportunity to plead guilty or not guilty to the charges. They are also given the opportunity to request the court appoint a public defender or they let the court know they will be hiring a private attorney. However, you have explained that a hearing for a Permanent Restraining Order. Well first a temporary restraining order will be issued and then considered for an extended period of time. The District Attorney will represent the "people" in the criminal matter against your wife's uncle. However, if you wife is wanting to go after money damages in a civil matter then she will need to hire an attorney. However, probably not for the hearing regarding the restraining order.

A district attorney can seek "restitution" in a criminal matter and that is generally some type of money payment for the damages caused. However, if your wife wants to seek her own formal remedy against the Uncle, she needs an attorney and she needs to proceed in a civil cause of action against him.

Good Luck.

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Answered on 12/14/09, 2:17 pm


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