Legal Question in Personal Injury in California
I live in San Mateo county, California. During March (approx) of 2012 I met and very briefly dated a woman. After breaking it off with her she began stalking me, up to the point at which i told her I'd call the police if she came to my house again. Two months later she started coming by again. On the third occasion she pushed her way past my mother (yep, I live with my parents) who was denying her entry to the house. This incident culminated in her physically attacking me, leaving me with a fractured finger that necessitated surgery. As it stands, she has been charged with felony battery (or assault?) with intent to cause great bodily harm, along with a handful of misdemeanors. Restraining orders have been issued against her for both my mother and myself. She's already violated the restraining order for my mother in a pretty creepy way, but for some reason my mother didn't call the police at the time. There's a jury trial scheduled for the end of this month. As she has already chosen to ignore the restraining order, and chose not to accept a plea bargain in which the felony strike was reduced to a simple felony, it really seems she's still a threat. I would like to bring civil action against her and would like to know what my options are. Also, I would like to know whether serving her with a civil suit before the commencement of the criminal trial is wise.
Thanks in advance.
2 Answers from Attorneys
What do you want to accomplish by suing her. Unless she is independently wealthy you will not recover the attorney fees it costs to sue her. Assuming the she is convicted of a felony she will go to prison. While in prison she will have not income and after prison will have limited job prospects. A civil suit will do nothing to stop her illegal conduct. However if you are willing and able to pay the attorney fees, finding an attorney to sue her should not be difficult to find.