Assault, Battery, Destruction of Property, Emotional Distress

[dianaafong]

What is the name of your state (only U.S. law)? California

Last month I was assaulted on the bus. I was ridiculed for 30 minutes before my cell phone was taken from my hand and destroyed. I was then attacked, my glasses were destroyed, my foot was hurt so that I could not walk for two weeks and my anxiety has been severely exacerbated to a daily level due to the paperwork required to protect myself (restraining order), track down her address (legal address is not current), having to confront her in court, and trying to figure out how to get several hundred dollars of property damages paid, not including having severe anxiety every time I get on a bus or go to the store. This means almost daily chest pain, hands shaking, stress, misery. In addition I have spent weeks of my time and money working with and getting to the courts. How should I pursue, or should I pursue, this case?

 

[Zigner]

What is the name of your state (only U.S. law)? California

Last month I was assaulted on the bus. I was ridiculed for 30 minutes before my cell phone was taken from my hand and destroyed. I was then attacked, my glasses were destroyed, my foot was hurt so that I could not walk for two weeks and my anxiety has been severely exacerbated to a daily level due to the paperwork required to protect myself (restraining order), track down her address (legal address is not current), having to confront her in court, and trying to figure out how to get several hundred dollars of property damages paid, not including having severe anxiety every time I get on a bus or go to the store. This means almost daily chest pain, hands shaking, stress, misery. In addition I have spent weeks of my time and money working with and getting to the courts. How should I pursue, or should I pursue, this case?

You can sue her for the property damage. If you have documented proof of the psychological issues that have arisen as a direct result of this, then you can sue for that too.

 

[CdwJava]

I'm curious ... who was this woman? A friend? A complete stranger? Did the police respond to your call for assistance and arrest her? Did you even report the attack and vandalism to the police? Arguably, if she took the phone from your hand that could be robbery (a violent felony), or at the very least, grand theft (another potential felony).

 

[quincy]

What is the name of your state (only U.S. law)? California

Last month I was assaulted on the bus. I was ridiculed for 30 minutes before my cell phone was taken from my hand and destroyed. I was then attacked, my glasses were destroyed, my foot was hurt ...

What sort of bus was this where the ride lasted 30 minutes? Did the bus driver do nothing to stop the ridicule and assault?

 

[dianaafong]

What sort of bus was this where the ride lasted 30 minutes? Did the bus driver do nothing to stop the ridicule and assault?

It is an intercity bus. Where I live there is a cluster of cities where all of the boundaries touch, and bus rides from one end of the valley can last more than 3 hours. The bus driver did nothing, but a passenger who recognized the incident commented to me the other day that the bus driver was frighted and that was why no one even checked to see if I was alright, company policy dictating that they only had to do something if I were to reboard the bus and ask for assistance. I had been struck upside the head several times and was not thinking clearly, struggling to find my glasses and phone, and was in no condition to figure out where to get help.

I'm curious ... who was this woman? A friend? A complete stranger? Did the police respond to your call for assistance and arrest her? Did you even report the attack and vandalism to the police? Arguably, if she took the phone from your hand that could be robbery (a violent felony), or at the very least, grand theft (another potential felony).

She was a former babysitter for my son. I had found fingerprint bruises on him one day and after discussing his safety with her on several instances I withdrew him and paid her in full. I reported his injuries to the police and told them not to press charges. I guess in the end it was not a legal daycare even though I had been informed that it was and I believe this was the source of her anger even though she did not give me any reason for the assault beyond personal dislike, even though she was perfectly fine accepting my money 6 months before when I had withdrawn my son.

I was not able to get police aid until I walked into a bank and called my fiance from their phone to get aid. I was unable to think straight, as I state above, due to being struck in the head repeatedly. They did not succeed in finding her and I have had to do all of my own investigation in this matter. I would like more information about robbery and grand theft. I was told I needed to pursue her in small claims when I went in to the courts to file a civil restraining order. However I believe her actions were arguably premeditated. I see my doctor on the 29th and will be speaking to him about my unabaiting anxiety and pain whenever even discussing this matter. Considering that it took me several years to work past the most severe symptoms of my anxiety this is a huge step backwards for me.

 

[quincy]

It is an intercity bus. Where I live there is a cluster of cities where all of the boundaries touch, and bus rides from one end of the valley can last more than 3 hours. The bus driver did nothing, but a passenger who recognized the incident commented to me the other day that the bus driver was frighted and that was why no one even checked to see if I was alright, company policy dictating that they only had to do something if I were to reboard the bus and ask for assistance. I had been struck upside the head several times and was not thinking clearly, struggling to find my glasses and phone, and was in no condition to figure out where to get help.



She was a former babysitter for my son. I had found fingerprint bruises on him one day and after discussing his safety with her on several instances I withdrew him and paid her in full. I reported his injuries to the police and told them not to press charges. I guess in the end it was not a legal daycare even though I had been informed that it was and I believe this was the source of her anger even though she did not give me any reason for the assault beyond personal dislike, even though she was perfectly fine accepting my money 6 months before when I had withdrawn my son.

I was not able to get police aid until I walked into a bank and called my fiance from their phone to get aid. I was unable to think straight, as I state above, due to being struck in the head repeatedly. They did not succeed in finding her and I have had to do all of my own investigation in this matter. I would like more information about robbery and grand theft. I was told I needed to pursue her in small claims when I went in to the courts to file a civil restraining order. However I believe her actions were arguably premeditated. I see my doctor on the 29th and will be speaking to him about my unabaiting anxiety and pain whenever even discussing this matter. Considering that it took me several years to work past the most severe symptoms of my anxiety this is a huge step backwards for me.

First, thank you for answering the questions I asked.

So, you were able to obtain a civil restraining order. That is good. That should relieve some of your anxiety. If the woman violates the order, you should call the police and the police will arrest her. Make sure you carry a copy of the order with you wherever you go.

The police will investigate your complaint over the bus incident. What they are able to discover with their investigation will determine whether the police will make an arrest or charge the woman with crimes relating to the incident. They potentially could charge her with assault, theft, vandalism and/or something else. The prosecutor will then decide whether to pursue these charges.

For the property damage (cell phone, glasses), you will need to file a civil action. Here is a link to California small claims actions: http://www.courts.ca.gov/selfhelp-smallclaims.htm

You have two years to file a claim against the woman for the injuries you suffered. You have three years to file a property damage claim.

Good luck.

 

[CdwJava]

Unless your attacker took your property after beating you or threatening you, then no robbery occurred. And if your property was not taken at all, then thee is no theft. If property was broken, it could be vandalism ... maybe.

Battery that does not require medical aid is a misdemeanor in CA. As such, it is a low priority and not likely to be investigated too aggressively - though this can vary by agency and county.

You can certainly take the attacker to small claims court.