Legal Question in Personal Injury in California
personal attack
In April my husband, whom I have been trying to divorce for almost 3 years (another story) broke in to my home and attacked me. He assulted my son first, then attacked me in front of my daughter. He is just now having a prelim-hearing (10/16) on criminal charges. He used a gun (which I informed the court he owned and had threatned myself and kids with death threats) and other sharp object to commit this crime. Family court refused last year to issue restraining order stating that ''people always say things they don't mean when they are divorcing''. I would like to file a civil suit against him after the criminal matter is over. What suit do I file and where can I find a lawyer for this matter?
Thank you
3 Answers from Attorneys
Re: personal attack
You would sue him for assault and battery. You would file it in the county Superior Court where the assault took place. Look on the internet for a personal injury attorney in your area.
Re: personal attack
Personal injury cases must be filed within one year of the injury. If you are going to file suit, don't wait for the criminal proceedings to be over. As the world knows from the OJ trial, a person can be acquited of criminal charges and found liable in a personal injury case, since the standard of proof in each type of case is different.
That being said, a civil action results in a judgment for the payment of money. There are, however, no debtor prisons. The judgment is of no value if it can not be collected upon.
As far as a protective order, you should certainly be able to receive a protective order given the history you recount.
If you think your ex-husband is sufficiently solvent to answer in damages, i.e. owns identifiable property in real estate, stocks, bonds, bank accounts, etc. feel free to contact me to discuss the matter further.
Re: personal attack
You can sue, but is it worth it. If you get a judgment, does he have any money to pay it? If not, then forget it.
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