I was assaulted March 20th, 2013. I want to know the process and how long it takes?

Asked over 1 year ago - Huntington Beach, CA

I have already gone fourth after the incident occurred and pursued a Restraining order. I have a 3 year Restraining order on the Person (Old Childhood Acquaintance) who was stalking me. He struck me two times to the face and spit on me. I am now looking for legal advice in which I should go about this matter. I plan on pressing charges. Now how does the process go. I am also looking to get my nose fixed due to a deviated septum and nasal deformity. Also looking to get my medical bill paid due to the attack. Are these two separate charges? How should I go about this. If you have any suggestions or answers anything would be appreciated. Thank you for your time.

Attorney answers (3)

  1. Nicholas Milan Loncar

    Contributor Level 18

    6

    Lawyers agree

    Answered . There are three separate processes at play here. First, is the restraining order, but you seem to be done with that and aren't asking about it. Next, there's the criminal case. If you file a police report about the attack, the DA will decide whether to file charges. Criminal proceedings can last anywhere from as little as a month if the attacker pleads guilty early on to over a year. You may even be called to testify in court. Finally, you can sue your attacker civilly to recover money for your injuries and for the tort of battery. You do not need a criminal defense attorney to bring criminal charges, but will should consult with a plaintiff's attorney to see how you can go about getting compensation for your injury.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90027

  2. James Donald Garrett

    Contributor Level 20

    6

    Lawyers agree

    Answered . Have you reported the incident to the police? If he is convicted of the assault, many times the court will order him to pay restitution as part of his sentence. That may include your actual out of pocket medical expenses. You should also speak with a personal injury attorney about a civil suit for your damages. Generally, the law will not allow you to "double-dip"; in other words if the criminal court orders restitution, you may not also claim that as a damage in the civil suit. A personal injury lawyer will be able to explain the law in more detail to you as it applies in your state and to your case.

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  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It sounds like you've been assaulted and you should report the matter to the police. If he's prosecuted, you could be entitled to restitution for your damages. You can also hire a civil lawyer and pursue a civil case (i.e., sue him) and if you have good evidence, you can likely get compensatory and punitive damages. Sounds like good claims. ..

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Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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