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Please advise whether I would win or lose if I sue my ex for domestic violence (battery, theft of property & false imprisonment)

Los Angeles, CA |

My ex-boyfriend, a licensed real estate agent, battered me on 3 separate occasions. However I only went to the police & reported the last incident. The incident happened in our master bedroom when he become enraged for something very minor. I was punched in various places & physically restrained. Then he dismantled the bed & used the mattress & 2 box springs to block the door to prevent my escape. I went into the bathroom to get away from him & he would prevent me from locking the door by pushing against it when I tried closing/locking it. I was very afraid of him. Also, I happen to be on probation so I called my probation office. While I was on the phone w/ the P.O., he took the cell phone & destroyed it. Next, he took the door off my closet & began throwing everything on the floor...

My only means of communication came from my ipod & the wifi where I was able to text my ex's Mother (an attorney) & a friend that I was being attacked & was locked in the room. His Mom knew about the previous incidents b/c I told her about them via text msg. She said she was on her way. When I was able to lock the door, he kicked it open & broke the doorknob so I had no way of hiding. He finally took the mattress from behind the door & I was able to get out but I dont drive & was waiting for his Mom & friend to arrive. He also took my prescription eyeglasses & I never got them back. I suffered multiple bruises on arms & legs that I took pictures of & was physically ill for a week. I also suffer eyestrain w/o my glasses. I still have the text msgs I sent to his mom saying"911, her son was beating me & that I was barracked in the room" & the other incidents. I have a photo of the mattress outside of the bedroom after the incident. What do you think would happen if I tried to sue him w/o medical docs / bills?

Attorney Answers 4

Posted

Was he arrested on the last incident? Prosecuted? What is the status of that case?

If he was arrested or prosecuted he may face license revocation action from the Dept of Real Estate. These are very serious allegations.

Of course you can sue. Proof is always the core issue, as is whether the defendant has assets or insurance coverage to pay any judgment. If the criminal case is still pending, reach out to the victim services coordinator or advocate at the prosecuting agency. You may be able to recover some of your losses through court-ordered restitution.

You may also be able to file for compensation through the State-administered Victim's Compensation Fund. Here is the claim form, but talk with the prosecutor before you submit it. http://www.vcgcb.ca.gov/victims/howtoapply.aspx

Find a good litigator ASAP.

Best wishes.

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4 comments

Asker

Posted

Hi there, thank you so much for your response. No, he has not been arrested. The police report was made the day after the DV. I know better now but I was afraid to call the police for fear of being arrested. My ex is a manipulative guy & a good liar & I'm on probation. To add, I have been in contact with the LAPD detective handling my case & on more than one occasion attempted to meet her to bring the photos of my injuries. I have gone in to the police station & she wasnt there. Ive talked to her over the phone at least 3 times. She cancelled our last appointment saying she had forgot she had another victim coming in to speak with her. I have called twice this week asking her to call me back & reschedule. I still have not her from her. I will look into the victim services & advocate today. Yes he does have assets and I also have his account number because I had permission to pay his bills during that time we lived together. My main concern is that a lawsuit was going to work in my favor because I wasnt employed at the time (I work part time now), my ex was taking care of me financially and I did not go to the hospital. From reading different arcticles n the internet, I got the impression that the only way to sue him & win anything worthwhile is showing proof of economic loss but I just wanted to know if its true or not.

Asker

Posted

Also, I need to correct myself, he is a licensed real estate broker, not an agent. To add, I had a lease to live in the house with him but due to the DV I was constructively evicted. I am also considering filing a claim for that too.

Christine C McCall

Christine C McCall

Posted

Let me candid with you: these factual allegations are aggravated and, in the ordinary course, the district attorney would not hesitate to prosecute whether you were willing or not. But I must caution you: there is a distinct flavor of financial interest in all of your statements about this case here on this site, and that will not only be detected by the prosecutor but can affect the decision re prosecution. What is more, in the event of prosecution, the whiff of financial interest by the victim in this kind of situation can be a critical issue to be wielded aggressively and potentially successfully by the defense. So, your next and only steps are to consult privately with your own lawyer and/or to talk with the investigating detective. When talking to the latter, focus on the facts and not on the financial consequences to you of the events and most importantly not on your opportunities for redressing the financial harms that have ensued here.

Asker

Posted

I am appreciate your candid & honest response Ms. McCall. I have in fact considered this a very complicated issued and have been apprehensive to follow through with an investigation but I deep down I feel that letting him walk away from it would be an injustice. I will seek the advice of an attorney as well. Do you offer free consultations? Thanks.

Posted

You have a very serious set of issues that scream for the need to hire, or at least to consult privately with counsel. You claim to have been battered on 3 occasions and your ex may also be liable for false imprisonment and are, yourself, on probation. However, it is not entirely clear what damages you have, despite being thru some very serious events. Contact those of us that personally or are with firms that handle civil litigation for a free consultation.. Most attorneys will likely charge hourly to habdle this type of case, but there are exceptions. www.taublawyers.com

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

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Asker

Posted

Thank you for the reply. I will seek the consultation. This forum is very helpful to those of us who really need help understand situations that are not easy to litigate. In fact, I was considering going to small claims court. You and the other attorney may have giving me second thoughts about going pro per.

Posted

Short answer: Collect every item that you can [collect includes access to social media via passwords etc as well if still in existance the device used to contact the social media] and see an attorney ASAP. Go some place safe. Now

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

Feel free to consult with an attorney in private on this issue. But a word of warning: do not attempt to sue him for anything until the criminal case against him has completed. If you do, then he will be able to use the civil discovery process to get information that he can use to defend himself in the criminal case.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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