When abuse, assault, or serious misconduct occurs, families and survivors in California often face an immediate and confusing question: Do I report to the police or file a civil lawsuit first? They are two distinct processes with different goals, timelines, and burdens of proof.

The order in which they occur can impact investigations, evidence, and legal strategy, but one does not preclude the other. It is beneficial to understand how criminal reports and civil claims work under California law so you can make informed decisions and not unintentionally limit your options.

Hire a Civil Rights Lawyer

Easton & Easton provides legal representation for individuals and families in civil cases centered on institutional negligence and abuse. Our lawyers have over 100 years of experience in handling these types of civil cases that may also involve criminal allegations.

Easton & Easton reviews reporting decisions, evidence, and culpability under California law. We help clients understand their rights and options under civil law, whether or not police were contacted or charges were filed by prosecutors.

The Difference Between a Police Report and a Civil Lawsuit

A police report and a civil lawsuit are two separate legal processes. The police report is the first step in a criminal investigation being pursued by police officers and district attorneys. It is up to these entities to decide whether to file criminal charges or not. A civil lawsuit is filed by the victim to seek justice and monetary recovery for their damages.

Criminal charges pertain to the breaking of criminal statutes and possible jail time. Civil suits pertain to an individual’s losses, including medical bills, therapy expenses, and other damages. Filing one does not substitute for the need for the other. Criminal and civil suits have different processes, burdens of proof, and time constraints according to California law.

When Reporting to Police May Be Required or Advisable

There are situations where a report to law enforcement will need to happen regardless of your civil motivations. Mandated reporters in California have legal obligations to report suspected abuse. Also, failure to report can open up your institution to further liability. It is also often necessary to involve law enforcement to conduct forensic interviews, preserve physical evidence, or intervene with an imminent safety issue.

Filing a police report does not relinquish your civil rights. In most cases, it does not pause civil filing deadlines, and criminal proceedings are handled separately from civil claims. Legally speaking, reporting something as a crime deals with it as a public issue, and a civil suit deals with it as a private matter.

Civil Lawsuits Do Not Depend on Criminal Case Outcomes

California civil courts will not wait for the resolution of criminal cases to determine liability. A plaintiff can bring a civil action even if a criminal case is still pending, has been closed, or was never brought. Furthermore, the plaintiff can use civil discovery to obtain records, documents, and testimony that may not be available in a criminal investigation.

Civil complaints may also be brought for conduct that falls short of criminal charges, but may constitute negligence or organizational failure. This allows victims of abuse and misconduct to seek civil remedies even if prosecutors are unable to or do not act on a criminal case.

How Timing Affects Evidence Preservation and Filing Deadlines

Timing issues include preservation of evidence, availability of witnesses, and statutes of limitation. Many agencies only preserve records for a short time unless a preservation request is made. Statutes of limitation for civil suits are not tied to the criminal statute. Waiting for the outcome of a criminal case could mean losing your civil lawsuit if the statute expires.

California does have some claims where the filing period can be extended or even revived. That is not always the case, however. From a legal standpoint, it’s advised to evaluate your situation as soon as possible to see if you should file a criminal report and a civil suit at the same time to protect your rights and preserve evidence and leverage.

FAQs

Does Reporting to Police Automatically Start a Criminal Case?

Filing a police report does not guarantee criminal charges. The police investigate, but the decision to charge lies with prosecutors. Most reports don’t result in criminal prosecution.

Nationally, about 98% of perpetrators are never even charged. In some cities across the United States, less than 4% of allegations of rape, sexual assault, and child sex abuse lead to a conviction for a sex crime. Consequently, criminal and civil actions often move forward separately.

Can Someone File a Civil Lawsuit Without Ever Speaking to the Police?

The state of California does not mandate that a police report be filed prior to filing a civil claim. Civil cases are based upon liability and damages, as opposed to criminal penalties. Survivors have the option to pursue civil litigation even if law enforcement was never notified or chose not to prosecute. This is especially important in cases of abuse, where sometimes a victim may wait years to come forward, or evidence may have expired.

What California Law Governs Mandatory Reporting to Authorities?

California law has mandatory reporting statutes found in California Penal Code § 11165.7. The statute lists professions required to report any suspected abuse or neglect. This duty to report exists regardless of whether a civil action is being considered. Subsequent civil action may address whether there was a failure to comply with mandatory reporting statutes, but the statute itself addresses reporting duties, not compensation or civil liability.

Where Are Civil Abuse Lawsuits Filed in California?

Civil actions for abuse or institutional negligence are usually brought in the California Superior Court for the county associated with the conduct or defendant. Thus, lawsuits involving institutions based in Los Angeles are often filed in Los Angeles County Superior Court. Venue impacts procedural and case management issues, but is not determined by whether there is a parallel criminal case or how law enforcement investigated a report.

Contact a Civil Rights Lawyer

Easton & Easton offers consultations to help individuals understand available options under California law. Contact our office to hire a civil rights lawyer right away.