Oksana Will Sue Mel

3/12/2011 11:30 AM PST

Oksana Grigorieva Will Sue Mel Gibson

Oksana Grigorieva will file a civil lawsuit against Mel Gibson ... this according to Oksana's lawyer.

TMZ reported on September 16, 2010 -- just after Oksana hired Daniel Horowitz -- Oksana would file a lawsuit alleging battery, emotional distress and defamation.

We spoke with Daniel Horowitz and asked if Mel's no contest plea in any way changes her plan to sue. Horowitz said, "Our position hasn't changed."

Mel's plea bargain won't help Oksana in a civil lawsuit, because Mel did not admit to guilt.