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

Asked over 1 year ago - 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...

Additional information

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)

  1. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Richard Franklin Taub

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. Jay Bodzin

    Contributor Level 20

    Answered . 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:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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