Corte Madera, CA asked in Domestic Violence for California

Q: Domestic violence. My brother hits his live-in girlfriend. Can I be sued if she is killed because i didn't report?

If the victim is badly hurt or killed and a lawsuit pursues, can i be sued because I knew about the incidents and didn't report them? Does this make me 'complicit'? I own a business. My brother has no money. Can the victim go after my money?

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Domestic Violence Lawyer
  • Temecula, CA
  • Licensed in California

A: Unlikely that you could be successfully sued if you didn't report the prior incidents of DV (Domestic Violence) committed by your brother.

However, if she suffers GBI (Great Bodily Injury) or dies as a result of what your brother does to her after the prior DV incidents, a clever attorney can come up theories of liability against you and name you as a defendant in a civil lawsuit by her or a wrongful death suit by her family if, God forbid, the victim were to die. I can think of a couple off the top of my head.

Also, you could be potentially face criminal charges depending on the degree of your knowledge of what your brother may be planning to do, whether you aided and abetted whatever he may be planning on doing whether before or after it was committed, or conceal/suppress evidence concerning the same.

I suggest you consult with an attorney in your area who "wears both hats" (handles criminal matters and civil lawsuits stemming from DV).

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO IS NEEDED.

ANYONE CAN SUE ANYONE AT ANY TIME.

I DOUBT IF THEY WOULD BE SUCCESSFUL.......BUT EVERY CASE IS BASED ON THE FACTS OF THAT CASE.

WHY IS HIS LIVE-IN GIRLFRIEND NOT REPORTING IT? HAVE YOU DISCUSSED THIS WITH HER?

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