Fremont, CA asked in Civil Rights and Criminal Law for California

Q: Can this person go to jail on several incidents that happened such as assault/battery/theft ?

My & my boyfriend & step sister and her children all live in the same household with my boyfriend's mom and her husband(my bf step dad).. well for almost a year she has been harassing me, stressing me out, emotionally draining me, I feel scared every time I'm there because she always has to do something to me & for that reason I can't sleep at night.. she has physically bumped into me, thrown water at me stole things out of our room, told her daughter who is 17 "if you want to fight her make sure her son isn't with her " she constantly tells me to watch my back and that she is going to beat me up, this all started over text messages which I have of her threatening me to not go back to the home where I live or I will be sorry, then when I showed up with my little baby she yelled in face telling me she is going to mess me up while I had my little baby in my hands ...I have not made any police reports

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: This may constitute constructive wrongful eviction. See: http://homeguides.sfgate.com/definition-constructive-eviction-8054.html

You can report to the police the threats of battery on you and your infant as aggravated assault. You can report any thefts as well. The bumping may qualify as simple battery if it was intentional. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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