Legal Question in Personal Injury in California

I do not understand why you wouldn't have him arrested, this is beyond me.

Aside from being more selective about the men you date, I would file a restraining order as soon as possible. With regards to any charges being brought against your (hopefully ex) boyfriend, you and/or your daughter might be asked to be witnesses against him. That's my guess, however, I would consult with the DA and try to find out where he intends to go with charging your (ex) boyfriend. Finally, before you bring a civil lawsuit against this guy, ask yourself if he has any money, assets, etc. Without really knowing the nature and extent of your daughter's injuries, it would be difficult for me to advise you as to whether you want to bring him in to civil court, or, small claims court.

Good luck to you and your daughter.

Insist that your boyfriend immediatly attend anger management classes. If your daughter suffered a concussion, then there was some severe shaking involved. If he refuses to attend anger management classes, get a restraining order and end the relationship.

Typically, until a violent person gets some help and genuinely tries to change, the violence will happen again. And it often gets worse. Be very careful.

The D.A. may or may not pursue a criminal case. If your daughter wants damages, she should sue your (hopefully ex-) boyfriend civilly. The D.A.'s decision has no bearing on her right to sue, and her clock is ticking away while the D.A. makes up his mind.

If the D.A. decides to prosecute and if your (hopefully ex-) boyfriend is convicted, his sentence may include an order to pay restitution to your daughter. Note that there are two ifs and a maybe in that sentence. You and your daughter should not count on all of these things happening, especially since they will require proof beyond a reasonable doubt. A civil suit only requires proof by a preponderance of the evidence. It is thus possible to win a civil suit even if a criminal prosecution for the same act fails (remember O.J. Simpson?) or if the D.A. doesn't prosecute at all.

Of course, a civil suit will only be worthwhile if the defendant will be able to pay a judgment. And if the judgment itself is likely to be modest, then you will have a hard time persuading a lawyer to take the case on a contingency fee. She should talk to several local lawyers about her case and see what they think.

Good luck to both of you.

The DA is not there to recover damages for anyone. He is there to convict people of crimes and put them in jail. Civil suits can be filed for damages. IF you determine that you have a case with MERIT [provable case with a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit.