Legal Question in Civil Litigation in California
molestation
25 yrs ago i was repeatedly molested from age 9 to 15 by my 21 year old uncle..criminal case was dropped due to time statute.he did admit to doing this and to other family members..he works at a high school...is there a time statute for civil court....he is now harrassing me with letters and phone calls..he needs to be stopped and outed as a child molester...do you think i have a case in civil court/
2 Answers from Attorneys
Re: molestation
Certainly, you can get a domestic violence or civil harassment restraining order, and obtain an award of attorney's fees. However, to bring a civil action, you would either have to bring it before your 26th birthday or "within three years of the date [you] discover[] or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later . . ." See Code of Civil Procedure section 340.1.
Re: molestation
You can't sue him for the old molestation - Statutes of limitations have long since expired. You can and should get a restraining order. You could sue now if the conduct is severe enough to justify it. Talk to local counsel about this.
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