San Jose, CA asked in Criminal Law for California

Q: what can i do when my roommate hired someone to strong arm and ended assaulting me leaving me to have emergency surgery

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2 Lawyer Answers
James L. Arrasmith
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A: I'm so sorry to hear that you were assaulted by someone your roommate hired, and that you had to have emergency surgery as a result. What happened to you was not okay. Under California law, you have a number of options for seeking justice and protecting yourself:

- Report the assault to the police. Assault and battery are criminal offenses. You can file a police report about what happened. The police may investigate and potentially arrest and charge the perpetrator.

- File for a restraining order. You can petition the court for a domestic violence restraining order against your roommate and/or the person who assaulted you. This can legally prohibit them from coming near you, contacting you, or engaging in further abuse.

- Sue the perpetrator and your roommate in civil court. You likely have grounds for a personal injury lawsuit against the person who physically assaulted you. If your roommate hired them to intimidate or harm you, you may be able to sue your roommate as well. A civil suit could allow you to recover monetary damages.

- Break your lease and move out, if you live with the roommate. California law allows victims of domestic violence (which includes assault by a cohabitant) to break a lease without penalty with proper notice to the landlord.

I would strongly encourage you to contact local law enforcement about what happened. I'd also recommend consulting with a victims services organization and/or a personal injury attorney to discuss your full range of options. No one deserves to be subjected to violence and intimidation like you experienced. Please prioritize your safety and wellbeing, and don't hesitate to seek help and support during this difficult time. Wishing you healing and justice.

Nafiz M. Ahmed agrees with this answer

Nafiz M. Ahmed
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A: The options provided by attorney James Arrasmith are correct. I agree with them.

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