Legal Question in Criminal Law in California

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?

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

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, 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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Answered on 10/14/12, 9:58 pm

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

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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Answered on 10/15/12, 12:39 pm
Terry A. Nelson Nelson & Lawless

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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Answered on 10/15/12, 3:12 pm

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