I Was Assaulted in My Home, Why Are They Getting Away with It
My question involves criminal law for the state of: California
I have been living with my boyfriend for 8 yrs, on June 16th his 2 daughters age 20 and 22 which do not reside with us any more parked down the street came to the door, the 20 yr old hid and the 22 yr old knocked on the door. As soon as I opened the door the 22 yr started yelling at me saying something about me keeping their 17 yr brother, (who lives with us) away from them. I told her I didn't know what she was talking about when out of no where the 20 yr pushes by her sister and both girls started coming towards me. I had back up to my bedroom door intending to just shut it and tell the girls to get out but I never got that far they where instantly just inches away from me both of them yelling at me then the 20yr starting raising her arm above her head bringing her hand down as if she were going to hit me when I put my hand up to protect my face both of them started hitting me in my face, I don't remember falling to the ground, nor do I know how many times I was hit. What I do remember is hearing she's got my hair and being hit again how many times I don't know, I don't remember them getting off of me or how I got on my hands and knees, just remember getting kicked in my stomach really hard at least 2 times and while I was trying to get up i heard one of them say lets go now! I don't know how long I laid there on the floor but when I was able to get up I went to my phone to call 911 my phone was dead. And I didn't know why, so I able to get myself outside my house and my neighbor was out so I asked him if I could use their cell phone the call 911 My neighbor said he saw the 2 girls run out of my house and run down the street and got in a car and drive away. The Officer that came took my statement asked me if I wanted an ambulance to come take me to the hospital, I said no because right at that time my boyfriend had returned home and said he would take me to the hospital instead. I went and was treated and released. I have left 2 messages for this officer to let me know what was happening and so far have not heard anything. Except my b/f told me that after the girls found out I went to the hospital they then call in a counter complaint against me. Both girls are at least 5ft11in tall and I am 5ft 3 and 53 years old. I am now being told that Either I could be charged for whatever? or the girls will be charged with assult or the District Attorney would just throw it out. I have heard nothing and it was difficult for me to stay on top of it due to the fact my father was gravely ill and I was having to go to the hospital which was over 250 miles away to see him until his death. My b/f took my everyweek for 2 days each trip for 6 weeks then again in late August for a 2nd service to bury half his ashes with my mother. what can I do now I want these 2 girls charged because now my b/f has served me with paper to move out because the 22 yr old wants to move back in and he says he doesn't want me hurt again and has told me to stay in the house with the doors lock and keep lights on at night because he has been staying away leaving me alone all day and most of the night. I have had to put up with messages from his kids harrassing me. Plus I now have medical bills of over 7,000.00 dollars and I have no insurance.What can I do? Or is it to late to pursue this any further? Please I need adive badly. I just don't know what to do. I did take pictures of my face, a wittness that saw them running away and other people they have told that they beat me up. Just recently one them admitting to beating me up which was heard over the phone by me and my brother.
Re: I Was Assulted in My Home, Why Are They Getting Away with It
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worldupsidedown
The Officer that came took my statement asked me if I wanted an ambulance to come take me to the hospital, I said no because right at that time my boyfriend had returned home and said he would take me to the hospital instead. I went and was treated and released.
Treated, how? What did they have to do to you? (This is important for the level of potential offense)
What kind of injuries did you have?
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I have left 2 messages for this officer to let me know what was happening and so far have not heard anything. Except my b/f told me that after the girls found out I went to the hospital they then call in a counter complaint against me. Both girls are at least 5ft11in tall and I am 5ft 3 and 53 years old. I am now being told that Either I could be charged for whatever? or the girls will be charged with assult or the District Attorney would just throw it out.
The DA will decide on who to charge - if anyone. Yes, the DA might decide to charge one or both of the girls, he might decide to charge you, or he might decide to charge everyone. Without knowing what the police were told, I can't say what is more likely.
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what can I do now I want these 2 girls charged because now my b/f has served me with paper to move out because the 22 yr old wants to move back in and he says he doesn't want me hurt again and has told me to stay in the house with the doors lock and keep lights on at night because he has been staying away leaving me alone all day and most of the night.
You cannot make the DA charge him. All you can do is call the police department or the DA's office. If the officer won't return your call, then speak to his supervisor or that person's supervisor. Find out if the case has been passed up to the DA or not. If not, ask why not?
As for the papers ... huh? Your boyfriend has served you papers to move out yet he is encouraging you to hide and lock the doors??? Or, was he encouraging you to hide in the house while he was at work, but now he just wants you to move out? What kind of papers did he serve you?
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Plus I now have medical bills of over 7,000.00 dollars and I have no insurance.
Again, what were the nature of your injuries? If they included broken bones, stitches, or something else serious as a result of the assault itself, then you need to provide medical records to the police so they can make the appropriate charge. Bruises, abrasions. contusions, etc. are generally not sufficient to convert the battery to a felony, so it is a misdemeanor. if there is anything to support your claim, then I'd say it seems a pretty good case for battery (PC 242). But, if the sisters came up with an entirely different tale - and believable - then it may not be so clear any more. Without knowing what was told to whom, no one can say what's goin gon.
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What can I do? Or is it to late to pursue this any further?
If the state will not charge them for a crime, you can still sure them for the assault. The dollar amount is within the purview of the small claims court. If you wished to sue for pain and suffering you might have to find an attorney to sue them on your behalf.
Re: I Was Assaulted in My Home, Why Are They Getting Away with It
I finally was able to get in touch with the Detective that took my report. He said he hadn't heard anything but he did get the address for both the girls and told me to check with the DA's office so the next day when I called the DA's office it just so happened my file had just threw and said it was pending. In the mean time I had left a message with victims advocate, they returned my call 5 days later. The lady said the two girls were going to be charged. She said there was 2 misdemeaner charges and something about a felony charge. The 22 yr old had hit her boyfriend in the head with a bat was already going to court of that charge. But my boyfriend said that she was only charged a misdemeaner and paid resistution of 350.00. And now as far as my case goes I haven't heard anything else. Now I would like to know do I need to get a lawyer to file a civil case?
At the time of the beating I wasn't sure if I was knocked ot but the more I think about, I believe I was because I can only recall parts of it. And I still have pain on several places on my face and head. I have asked my boyfriend to take to the county hospital but for the most part he has been staying away (which I believe to be all illegal activities) he was arrested for poss. controlled susbance last month.
The paper that my boyfriend signed is 60-Day Notice of Termination of Tenacy (Tenancy of One Year or More) he said it was the 22 yrs was bugging to move back in. The he said it was because he didn't want me hurt again! My brother's name was also on the paper but he left already because my boyfriend broke out his front windshield and put a couple of bad dents in his truck. I haven't been able to move as of yet. My Son is coming to get me and my furniture next week. Because now the utilities are going to be turned off
in a matter of a couple of days. Can they do this to me? I have no income, I've been here going on 9 yrs, taking care of his kids and the house. So I'm left with no choice but to go back to So. CA
Re: I Was Assaulted in My Home, Why Are They Getting Away with It
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worldupsidedown
Now I would like to know do I need to get a lawyer to file a civil case?
If you want to sue them for damages and compensation for real losses, you can do that in small claims court. If you want to sue for pain and suffering, you will need an attorney. How much the case might be worth is something you will have to speak with an attorney about.
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At the time of the beating I wasn't sure if I was knocked ot but the more I think about, I believe I was because I can only recall parts of it.
Unless there is medical evidence to support your being unconscious or to support a requirement of medical attention, this is probably going to be a misdemeanor battery case. But, there may be details that COULD bring it to a felony ... it always depends on the details.
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Because now the utilities are going to be turned off
in a matter of a couple of days. Can they do this to me? I have no income, I've been here going on 9 yrs, taking care of his kids and the house. So I'm left with no choice but to go back to So. CA
Yes, if you do not pay your bills, they can shut off your utilities. You can always sue the boyfriend as well if he reneged on his deal with you. Again, that will depend on the details and will be something to speak with an attorney about.
- Carl