Legal Question in Personal Injury in California
My co-workers wife has been verbally harassing me through text messages, and calls (7-10 calls a day-private number) About twenty three days ago she physically attacked me. I choose not to press charges because an agreement was made between my co-worker, his wife and myself that as long as she stayed away from me and no longer harassed me, I would not involve the police but because her end of the agreement was not kept and she continues to harass me in every way possible I no longer feel safe and would like to know what I can do?Am I still able to press charges?
4 Answers from Attorneys
You can report her to the police. Whether to charge her with a crime will be up to the D.A.
You can also seek a civil restraining order against her. If she violates that order she can be arrested and charged with a crime, even for conduct that the D.A. would shrug off had the restraining order not been issued. It will still be the D.A.'s decision, but that decision will depend upon criteria more favorable to you.
Note that criminal charges and a civil restraining order are not mutually exclusive. You may pursue either or both. If feasible, you should get a lawyer to represent you in the restraining order case.
Good luck.
Yes. In California the criminal satute of limitations for such an attack is considerably longer than 23 days. However, it is likely that the longer you wait to seek law enforcement intervention, the greater the chance becomes that officials will choose not to pursue the case. If pursuing this is your plan act fast.
Yes. Do not put up with her nonsense any longer.
Report her to the police and get a restraining order. Act immediately.
Also you may have a worker's compensation case against your employer because you were attacked at work and your injuries (physical and mental) are compensible under labor codes. Feel free to call us at 213.388.7070 for a free consultation.