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.
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. ..
Criminal Defense Attorney
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.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
Criminal Defense Attorney
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.
Nicholas M. Loncar, Esq.
t: 323.803.4352 | f: 323.617.3838
Sunset Law Building | 1295 W Sunset Blvd
Los Angeles, CA | 90027