Bryan Steffy/WireImageBritney Markham feels that she's been the victim of a hate crime.
The post-op transsexual porn actress has filed for a restraining order against former boss Jenna Jameson, who was arrested on suspicion of battery last weekend for allegedly striking Markham.
The Orange County District Attorney's Office subsequently confirmed that they would not be pursuing charges against Jameson due to lack of evidence, but Markham is determined to keep fighting.
"I've got a call in to the district attorney to discuss that," her lawyer, Adam Krolikowski, exclusively tells E! News. "We don't know if he's aware of the three witnesses and exactly what they saw and heard. If the D.A. won't prosecute criminally, then we'll be forced to seek justice civilly."
"They aren't taking me seriously because I'm a transsexual woman," Markham tells E! in her first interview since her alleged fight with Jameson. "The things she was saying to me is a hate crime, it's very wrong. They need to do something about it."
In her petition for a temporary restraining order against the porn superstar, filed Tuesday and obtained by E! News, Markham names five witnesses, by first name only, who, she says, witnessed Jameson "yelling and telling me to hurry the f--k up" while she was trying to make an appointment for her at a hair salon Saturday evening.
"When we got to the car, I was in the driver seat and she was in the passenger seat, she used her brass knuckle iPhone case to punch me in the stomach and back," she states in the court filing.
Though the so-called brass knuckle case was plastic, "it felt like she was punching me with metal," Markham, who says that she started working as Jameson's assistant in January, tells E! News.
"After the police were called," Markham's filing continues, "she said, 'I'll f--king kill you.' I took that as a threat that she would cause me harm with a weapon. I know she possesses weapons."
After their apparent altercation, Jameson tweeted-then-deleted, "Wow just got robbed by a friend @britneymarkham she accused me of gusting her, and broke into my home and took everything."
Markham posted a screengrab of Jameson's then-live tweet to her Instagram, writing, "NOT TRUE! How could u say that u attacked me and im@in the hospital because of u."
Markham tells us that she vomited blood for three days after the alleged attack.
"I wasn't feeling well and went to my doctor," she says. "She told me I wasn't OK and referred me to Orange Coast Memorial Hospital. The doctor told me the punches had caused severe bruising to my spleen and organs."
Markham's TRO petition requests that she get back whatever personal items of hers that are still in Jameson's possession and that the adult-film icon pay her $2,500 for attorney fees.
"She was calling me a man...She was calling me a he-she," Markham tells E! "I haven't been insulted like that since high school."
As for Jameson's tweeted allegation that Markham stole from her, she says, "That is a lie. My father taught us that nothing is worse than stealing, that we have no reason to steal. I did not steal anything."
As for why she went back to Jameson's beach house with her after the alleged attack in the car, she says, "I just wanted to grab my things and leave." Police showed up to the porn star's house while she was still verbally bashing Markham, the former assistant claims.
Since their altercation, "my anxiety has gotten so much worse, my self-esteem has gone down," Markham says. "I cry to my lawyer every day. I've had panic attacks. I have random people come up and say things to me. [Jameson's] supporters are attacking me online. Luckily, I have friends around me supporting me."