California  |  Criminal Law

Legal Question

Asked on: 10/14/12, 8:09 pm

my wifes son beat the hell out of her, she is blind to boot. what i would like to know is how does she start to go about sueing him for restituion?

3 Answers


Answered on: 10/14/12, 9:58 pm by Robert Marshall

If he is charged with a crime and convicted, the court will order him to pay restitution.

If he isn't charged by the District Attorney, then your question is civil, not criminal law, and you might re-ask it under that heading.

Before you spend a lot of time trying to sue him, though, you need to determine what you might hope to get back if you win a lawsuit against him. If he's a bum with no job, no money and no assets, it's unlikely you'd ever actually get anything, even if you won.


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Law Office of Robert L, Marshall P.O. Box 7150 Chico, CA 95927-7150

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Answered on: 10/15/12, 12:39 pm by Theresa Hofmeister

very good advice.

The way to attempt to get him charged criminally is to file a police report, the police then relay info to the Prosecutor, usually the District Attorney (DA). Good luck!


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Theresa Hofmeister, Attorney At Law 336 South Broadway Escondido, CA 92025-4207

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Answered on: 10/15/12, 3:12 pm by Terry A. Nelson

First, she files criminal charges and seeks a criminal restraining order. .

Then she files for a civil restraining order.

Then IF it would make economic sense she can sue for damages. If he has nothing, then nothing is what she would get from such suit. IF he has substantial assets and income, then a suit makes sense. If it does, have her contact me for the help she needs.


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Nelson & Lawless 18685 Main St., #175 Huntington Beach, CA 92648

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