I just moved to a new condo and the owner next door threw a glass to my hudsbands face while she was haveily drunk which caused a about 1.5 inches of cut above his upper lip. We are very uncomfortable and scared of living in the new condo and thinking about giving up the new place. Is there any legal action we can try to keep the condo but not feel threaten?
This insident occured on New Years Eve. Next door owner appeared to be having a party and while we were walking by in the hallway, several people from next door invited us. We stayed for a minute and left but forgot two bottles of champagne. I and my hudsgand pressed their bell and asked if we could get them back. We got the bottles and on our way out, the owner pushed the door against my back before I exited her place completely. As I turn around, she grabbed my hair with her both hands and pulled me back to her place. This was in progress for 20 seconds or so. My hudsband spotted the situation and try to separate her from me. And a white male with collar length hair threw a punch to my hudsband's face. At the same time, the female owner hit my hudsband's face with a glass cup.
I screamd saying, I am calling a police. As I dial 911, the male grabbed my phone from my hand and threw it down the hallway.
The femail owner stated she is not going to press charge when the police informed her that she will be going to jail if we press charge her as she cuased a greater physical injury.
At this point, we are trying to find out how we can live in our new place without feeling threatened. Please let us know if there is any legal action we can try.
State/Country relating to Question: California
We called San Diego Police. They came onsite and took both parties statement. The police took a report from my hudsgand as he still had some particles of broken glasses on his face. The other party claimed that I punched her face and she wants to press charge us. This never occured. No one on their party was injured.
The Police advised both parties to not file press charges as this is he said and she said.
At this point, we just want to leave in our place without feeling threatened.
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I am sorry to learn of your circumstances.
You have already taken the legal action that you can: you contacted the police and they came to investigate the matter.
Did your husband go to the emergency room for medical treatment?
No he says he doesn't need to
I was thinking we should go just to get the medical record..but
wanted to find out if there is anything we can do first
That's an expensive medical record to get if no medical treatment is necessary.
I'm not sure what outcome you are seeking.
There's no legal action you can take to keep your neighbors from being idiots before they become idiots.
That's what it really comes down to.
I am afraid what might happen next time when she is drunk and have bunch of male friends over
That's a legitimate concern.
we are considering withdrawing from the lease agreement
we will pay a lot of panalty for that
However, there is not a law or legal tool in place to deal with such future unknowns.
but the doors are right next to each other
That is a personal decision which only you can make.
is restraining order not applicable?
The circumstances that you've described do not require the landlord to let you out of the lease without penalty.
From the facts you've described, a judge would not issue a restraining order.
If there is a later criminal prosecution, the judge may issue a no-contact order as a condition of bond or any order of Probation.
because it is she said and he said, right?
You got it.
Good luck and best wishes for better days ahead.
this is quite a learning experience for me
I hope that you find this information to be helpful and this answer to be ACCEPTable!
i thought law existed to protect people from this situation
Not always, no.
If there were, they could not build enough courthouses, I assure you!
yeah, i think we could press charge her when the police were there
she threatend that she will press charge us with false statement made up
You may want to follow-up with the officer who came to your place to take the report to see what they're going to do.
That is the call of the police department.
she or no one in her house were touched or showed physical harm
She was drunk. What she said doesn't count.
Sorry. But it's true.
my hudsband and i were bleeding on our face
sorry just one more question
we did not get the police man's name or case number XX anything
do you know how we find out about the report they took from us?
You can contact the police department on Monday and ask them for the incident number of when they responded to your place.If you are satisfied with the provided information, you can select ACCEPT to close this thread and so that I receive credit for assisting you this morning.
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