Legal Question in Civil Litigation in California
How do I sue for false citizens arrest? A woman I have been avoiding for twenty years walked into my house without knocking. I asked her to leave, she refused three times. I yelled at her to get out. She said "I'm calling the cops!". Half an hour later they showed up. They told me she said I head butted her. I didn't touch her. This is why I've been avoiding her for so long! The police took pictures. They said there were no marks. She performed a citizens arrest. The police told me I could sue her for false arrest. They didn't believe her! Nor did the D.A.!
2 Answers from Attorneys
This sounds like a case not only for false arrest but trespassing. You might seek a civil restraining order against her if you believe your safety is being threatened. In addition, since she broke into your house, certainly a stay-away order might be warranted.
If she had you arrested, you must first 'win' against the charges with a dismissal of the case. If you obtain that, then the civil suit for false arrest, etc., is a 'slam dunk'. But, if you lose or plead in the case, you'll have no grounds to sue. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me. After the criminal case, we can talk about the civil action too.
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