Legal Question in Criminal Law in California

Should I file a police report regarding a minor assault?

A war of words between a now ex-friend culminated in her assaulting me (in a minor way) in a local bar last night. It began with an exchange of angry text messages whereas I blocked her phone number as well as my email from her. She started using other peoples phones to send these verbal attacks. I have a record of most of these numbers too. My last text revealed to her that a restraining order I claimed to have against her last year was in fact fictional and she essentially worked hard to avoid me for nothing! Just like this time, I just wanted her to leave me alone and this fib did work. Later on , we worked out our problems successfully until now when I revealed what I did last year. The assault occurred last night while sitting in a bar speaking to a friend where she walks in and starts screaming at me to leave her alone (?) and then grips both of my wrists and shaking them violently. She must have hit me on the face at some point because I noticed a bruise on my nose later that evening. Later that evening I sent her an email informing of her mistake of assaulting me in public with plenty of witnesses. I told her that unless she leaves me alone, I will report the assault to the police. Now I am hesitant to report it because she revealed to me in an earlier time that she has never repaid fees from an earlier DUI and I'm guessing that she probably has a warrant for her. I don't want to ruin this girls life, I just want to be left alone. However I learned that by delaying reporting it (in case of her starting things up again), the report itself means less because how bad could it have been if I didn't report immediately the first time. A restraining order was suggested but without the report, how likely will I be in obtaining one not to mention her warrant would probably come up there too. Sorry to be lengthy but I need advice as to how to protect myself. Despite everything, I really don't want to put her in jail but I fear the possibility of trouble starting again in the future once time as passed. I just don't know what to do...


Asked on 12/22/13, 8:15 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Yes, by delaying the report you decrease the chances that the DA will proceed on the case. It is best to take pictures of your injuries and get statements from witnesses. If you report it the court will issue a restraining order but that is no guarantee that your friend will comply with the order. You can assume that if you report the battery any bench warrant will be discovered, particularly if it is in the same county. The inconvenience of being arrested on the bench warrant, however is probably less than that caused by being arrest on the battery.

Good Luck

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Answered on 12/23/13, 1:27 pm


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