Hi Jacustomer,You can't get him court mandated anything, unless he is going to be arrested and charged. While many cases are filed contemporaneously with the incident, some are not, especially when there are allegations of sexual abuse. Waiting a day is not important. The statue of limitations for a Nebraska felony can run for 3 years before it gets too stale to be prosecuted. It would appear however, that he's denied these charges and is convincing, which is the reason the police feel that they need more evidence. Many cases are he said/she said cases, and that doesn't stop them from being litigated and tried.If you have given the police all that you have against him with regard to what he has done to you -- the photos, the taping -- and the police choose not to make an arrest, about the only thing you can do would be to go over their heads to the prosecutor's office and see if you can make them feel differently and get them to press charges there. Particularly if you feel you have reason to be afraid of him, you should also ask for a protective order. If the prosecutor is not interested in pressing charges on your behalf there is nothing you're going to be able to do on the criminal front. Prosecutors have complete discretion over what cases they take on and the way in which they prosecute them. They turn many cases down, particularly if they don't feel they can win them, or if they feel that the complainant may have a better chance to win in civil or family court. If turned down, you could take it up the food chain in the prosecutor's office, but from there, if you get no results, that's it. Even the president of the US cannot order a prosecutor to file charges if he does not wish to.Based on everything you've said, I will expect the evidence to break your way and for you to be able to get him charged. If that's not the case, you could go to civil court and get yourself a domestic violence protective order so that he will have to keep away from you. He won't be punished by the civil court, and he won't be ordered to take anger management classes. But he will be made to stay away from you, so that at least you will be safe.
So if the police can't get enough evidence to satisfy the county attorney, I would go to the state attorney or state attorney general?
The county attorney IS the one who told the police to get more evidence. This is what she said Thursday (the officer):
I understand your level of frustration; however, my investigation is on-going. Prior to executing any arrest, I am mandated to collect enough evidence for “probable cause” and to “prove beyond a reasonable doubt”. The preponderance of evidence is placed on the State of Nebraska and they do not file until I have enough evidence meeting that requirement. At the present time, I am dealing with “he said, she said”. I conferred with the Sarpy County Attorney and I was directed to ascertain more evidence. Due to the time lapse and no investigation at the scene and conflicting version of events, we are having to diligently continue the investigation. I am meeting with personnel from Marriott today regarding the incident, video footage and a witness. If I make an arrest or a change in the case status, I will notify you immediately.
But on the day I filed the report, she said she felt they had enough for 3rd deg assault and her sergeant said strangulation could be added, that they would arrest him that day. They couldn't get him that night or the next afternoon - no one was home. Yet in this same county in 2004, charges were filed against a police officer for assault and it was just spilled coffee and a bruise. That was dropped because the wife changed her story.
I just don't understand why they can't issue an arrest warrant on JUST the evidence I provided. I had a black eye, bruises, and had evidence of it from that day. I had texts where he admitted to being on meth, he said he was sorry but he can't remember. He threatened me. She even looked him up and saw his arrest history and said that would be able to be used.
He is a very good liar though AND he has his friend and friend's girlfriend probably lying for him. But my parents saw me that day. His sister.
So even if the county attorney is the one who needs more evidence, I can email him or contact him and try to plea my case to him?
Thank you. I thought about civil court but he has no money and he already owes me thousands that I will never see repaid. It will just cost me more time and money that I won't get back. I guess I'll just have to wait until the investigation is done and see what they do and he will probably walk.
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