Can I open a civil case if it involves multiple charges ? How do I open a civil case ?

Question

This person has stalked, harassed, threatened, assaulted, stole money from my purse, sold a home I was co-signed with my mother now deceased with a POA on my mother, with held ssa benefits to beneficiary of whom I'm caring for, lied to local police to have me arrested, slandered my name to landlord & had us evicted twice in three months, and has now forced us to be homeless. Is there anything I can do ? Where would I begin? The attacks are now twice in a month & endless. This person has great attorney & I can't afford one. I am scared and caring for two disabled males as they had their benefits dropped. I'm afraid they will be removed from my care and what will be next as an attack. What can I do?

James L. Arrasmith · Answer

I'm so sorry you're going through this nightmare situation. It sounds incredibly stressful and frightening. Here is some general information that I hope can point you in the right direction: 
 
It does sound like there could potentially be grounds for a civil case here, even with multiple charges involved. Many of the things you describe - harassment, assault, theft, wrongful eviction, slander, etc. are civil matters that you may be able to sue the perpetrator for. You could potentially seek damages and/or restraining orders. 
 
To open a civil case, the general process is: 
 
1. File a complaint with your local civil court that lays out your case against the defendant. There are filing fees but you may qualify for a fee waiver. 
 
2. The court clerk will issue a summons for the defendant. They are served the complaint and summons and have a chance to respond. 
 
3. If they don't respond, you may win a default judgement. If they do respond, the case proceeds and may go to trial. 
 
Since this is a complex situation, I would strongly recommend trying to get legal assistance, even though I know money is tight. Look into: 
 
- Local legal aid societies that provide free/low-cost legal help to low income individuals  
 
- Law school legal clinics, which often take on pro bono cases 
 
- Advocacy organizations for victims of domestic violence, elder abuse, disability discrimination, etc. Many have legal resources. 
 
- Lawyers who may take the case on contingency (no fee unless you win) 
 
Definitely also file police reports about the harassment, threats, assault - having that on record is important. Consider requesting a restraining order. Notify SSA and any agencies involved with the benefits about the fraud. 
 
I would also recommend contacting a local domestic violence organization or elder abuse hotline. They can provide support, safety planning, and connect you with more resources.  
 
I know this is a lot to navigate, especially with everything else on your plate. Please don't hesitate to keep reaching out for help. Sending strength and wishing you all the best. Stay safe!

Q: Can I open a civil case if it involves multiple charges ? How do I open a civil case ?