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

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.

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Attorney answers 3

Posted

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. ..

Asker

Posted

I apologize for not saying that. But when the attack occurred. The police were called shortly after and wrote a report. The person who assaulted me fled the scene and later gave his statement the next day when the police called him in for questioning. I have an investigator and detective in huntington beach working on the case where the incident occurred. It's taking longer than i thought it would. The case is supposed to be scheduled in santa ana courts. My next question is are my medical bills/broken nose a separate case or is it included on the case for pressing charges on the assault. There is a lot of information I am giving you. Hopefully this all makes sense. Thank you for your time.

Anthony Michael Solis

Anthony Michael Solis

Posted

It's not separate if he caused those injuries and those are the injuries he's being prosecuted for.

Anthony Michael Solis

Anthony Michael Solis

Posted

If mine was the best answer, hit 'best answer"

Posted

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.

Posted

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

Asker

Posted

Ok thank you so much. This makes sense now. I was told by an investigator to get a TRO to keep the attacker away. Then it was court ordered and I received a 3 year order. Now I am looking to press charges and get my medical bills covered. I will contact a lawyer soon. Appreciate your time.

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