Q: How do I stop a civil action with a monitory attachment against me from a criminal case that has not been ruled on yet?
My former partner has started a Civil case against me demanding my continued payment of rent on lease based on a DV case that will be going to trial with in 30 days. The Civil case is this Monday.
A:
INITIALLY, YOU SHOULD CONTACT A LOCAL TRIAL LAWYER IF YOU CAN.
THE DV IS CRIMINAL AND THUS YOU EITHER RETAINED A LAWYER OR ONE WAS APPOINTED FOR YOU..........ASK HIM/HER.
A LAWYER NEEDS TO REVIEW THE LEASE........NAMES, TERMS ETC
IS THIS SMALL CLAIMS WHERE LAWYERS ARE NOT INVOLVED?
CIVIL IS SEPARATE FROM THE CRIMINAL AND THE BURDEN OF PROOF IS LESS.
IN CRIMINAL THE DA HAS TO CONVINCE 12 JURORS.
WITH CIVIL YOU MUST CONVINCE 9
IN ANY EVENT MOST COURTS ARE BACKED UP BECAUSE OF COVID.......HERE IN THE GREATER PALM SPRINGS AREA WE ARE 2800 CASES BEHIND AND CRIMINAL CASES TAKE PRIORITY OVER CIVIL.
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