Legal Question in Civil Litigation in California
How do I sue for false citizens arrest? A woman I have been avoiding for twenty years walked into my house without knocking. I asked her to leave, she refused three times. I yelled at her to get out. She said "I'm calling the cops!". Half an hour later they showed up. They told me she said I head butted her. I didn't touch her. This is why I've been avoiding her for so long! The police took pictures. They said there were no marks. She performed a citizens arrest. The police told me I could sue her for false arrest. They didn't believe her! Nor did the D.A.!
2 Answers from Attorneys
This sounds like a case not only for false arrest but trespassing. You might seek a civil restraining order against her if you believe your safety is being threatened. In addition, since she broke into your house, certainly a stay-away order might be warranted.
If she had you arrested, you must first 'win' against the charges with a dismissal of the case. If you obtain that, then the civil suit for false arrest, etc., is a 'slam dunk'. But, if you lose or plead in the case, you'll have no grounds to sue. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If this is in SoCAL courts, and if you�re serious about hiring counsel, feel free to contact me. After the criminal case, we can talk about the civil action too.
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