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Serious need help. 14yr son assaulted and woman.

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desertdenise

Junior Member
What is the name of your state? CA
:confused: We were leaving a parking stall and this guy was in the middle of the road in a truck. He was going fast and I couldn’t' finish pulling out so he had to go on the wrong side of the road cause I had people behind me not letting me back up more. He got next to our car in his truck and was yelling something I threw up my arms saying "there’s nothing I could have done” and he tossed a sandwich at our car then Alex, my 14yr old son, flipped him off and we left, I thought that was the end because he was going in the opposite direction. We stopped at a store in the opposite part of where we were and the guy I guess flipped a u-turn and followed us. Almost hitting Alex, he pulled into the stall next to our car. He grabbed Alex by the collar of his t-shirt and starts punching him in the face. After I get out of the car and run around it to stop him I have to pull his arm/hand off of holding onto Alex. He had a hold of Alex’s t-shirt collar through his truck window shoving it against Alex while he's holding onto his t-shirt punching him in the face. Alex gets in a couple of throws to him and I grab the hand that was holding onto Alex’s shirt and pull him off of Alex. Then in one fast motion he grabs onto my bra and shirt and goes to clock me! I had to lean back onto my car, mind you, and there’s only a little bit of room in-between the 2 vehicles. He pulls me harder to get me closer, tries to hit me with his truck door, while holding onto me, and reaching to hit me. I pushed the door hard enough to make him let go of me but my shirt ripped and my bra ripped. After I got that guy's hand off of Alex he hit him once more and Alex fell back and my keys went flying, Alex got the keys and I pushed him towards the store and the guy backs his truck back to hit us with it! Then we got to the phone and called the police. Alex has a 1in x 1/4in scratch on his cheek by his nose. AND a small goose egg on his right cheek bone. He got a welt that went away from him being hit with the door. The police said that since Alex touched this guy, he hit him 2 times, trying to stop this guy from hitting him; he (the guy 49yrs old!!) is going to prosecute. If I didn’t press charges he, in turn wouldn’t. He also said that if I pressed charges, EVERYONE could end up in jail by the end of the night. I asked him about a TRO and he said id have to wait till the report was done in 10days. The whole time I’m talking to the fire department, and the police, I have to hold myself up cause my bra is ripped and my shirt is also! The officer wasn't careful with our addresses and I saw where he lives and he knows where we do. He lives 1/4 of a mile away from us. I'm trying to get a TRO against him. I was at the courthouse all morning Wednesday. This happened this last Tuesday. I am pressing charges. I talked to the officer’s sergeant and he said that the officer DID follow procedure but he would talk to him. SOMETHING doesn’t sound right! This guy punched my 14yr old son in the face many times and admitted to it and admitted to trying to hit me! I’m waiting for them to serve the guy with the TRO and in the meantime, we are at a hotel! I'm a single mother of 2. I’m so drained from everything and the lack of help the police have been. It’s like everyone is trying to cover his or her butts! I just want this guy to pay for what he did to my son. Yes my son shouldn’t’ have flipped this guy off, in fact I was talking to him about it a second before the guy pulled up and started hitting him. I don’t know where to go or what to do so any advice is more than welcome! Thanks in advance!:confused:
 


CourtClerk

Senior Member
Go to the courthouse, get the TRO and instead of having the sheriff serve him with it, hire a process server (pretty cheap) or have a friend do it, but just remember, TRO's are just pieces of paper. If he's truly nuts (not meaning to scare you) a piece of paper won't do a darn thing.
 

desertdenise

Junior Member
Go to the courthouse, get the TRO and instead of having the sheriff serve him with it, hire a process server (pretty cheap) or have a friend do it, but just remember, TRO's are just pieces of paper. If he's truly nuts (not meaning to scare you) a piece of paper won't do a darn thing.
If they, the sheriffs dept, dont have him served by monday, I will hire a process server. He didn't know us before this I just can't believe someone can do this and not get arrested on the spot.
 

CdwJava

Senior Member
desertdenise said:
The police said that since Alex touched this guy, he hit him 2 times, trying to stop this guy from hitting him; he (the guy 49yrs old!!) is going to prosecute. If I didn’t press charges he, in turn wouldn’t. He also said that if I pressed charges, EVERYONE could end up in jail by the end of the night.
This was an allegation of a misdemeanor not committed in the officer's presence (PC 242 - Battery). in CA the ONLY way they could make an arrest for this would be based upon a citizen's arrest. If the other party wanted to make a citizen's arrest, the police would be required by law to accept it - same with yours. Very often, all parties would be issued a citation and sent their separate ways, the report would be forwarded to the DA and the DA might decide to pursue the matter at arraignment. On the other hand, the police could just hook everyone up based upon the citizen's arrests.

I asked him about a TRO and he said id have to wait till the report was done in 10days.
That's a very odd answer ... while the report might not be done for ten days, it has nothing to do with a TRO. The POLICE do not issue TROs - a court does. You would have to go before a judge (report or not) with an affidavit explaining why you fear further violence from this fellow ... I doubt one would be issued since the guy doesn't know you and the incident appears to be an isolated one.

I'm trying to get a TRO against him. I was at the courthouse all morning Wednesday.
Good. That's they way it is supposed to do.

As for knowing the addresses, that information is not confidential - sorry. While the CA Government Code permits law enforcement to restrict certain info from public view, victim info is NOT so restricted. In fact, if you and your son were alleging to be victims of a crime, by statute that information would have to be released to virtually anybody upon request.

I talked to the officer’s sergeant and he said that the officer DID follow procedure but he would talk to him. SOMETHING doesn’t sound right! This guy punched my 14yr old son in the face many times and admitted to it and admitted to trying to hit me!
And if he got hit back, or if he alleged some kind of assault as well, then he can make an allegation of battery as well. It doesn't mean that a court would side with the other guy, but the police are not the people who decide the lawful validity of self defense - the court does.

From the sounds of it, the police did follow procedure and the law.

I’m waiting for them to serve the guy with the TRO and in the meantime, we are at a hotel!
It'll be the sheriff's office or the marshall's office (if your in one of the two or three counties that still have a marshall's office) that will serve the papers - it won't usually be the police.

I don’t know where to go or what to do so any advice is more than welcome!
You can check with your county's Victim/Witness program and see if they can provide any assistance or resources.

- Carl
 

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