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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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Its been 3 weeks since my ex and I broke up. He was physically

Customer Question

It's been 3 weeks since my ex and I broke up. He was physically assaulting me for 1 year. I have pictures, emails, and chat logs from when he did these attacks and raped me. I was told to call back Monday to talk to a detective. Can I still press charges?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - Of course you can press charges. Keep in mind that it is always up to the prosecuting attorney or DA as to whether to accept the case based on the evidence. It would appear that you have more than just your word against his which is a good thing and should help your case. Since criminal prosecution requires proof beyond a reasonable doubt the prosecutor will want to have some corroborating evidence such as the pictures and emails etc. You can also obtain an order of protection against him. Certainly this is a case of domestic violence even if the more serious charge of rape cannot be proved in court. You have to stay on the case and try to press charges as soon as possible because the longer you wait the less likely the case will be accepted. Also, it is virtually impossible to withdraw the charges once you file and you will be required to be a witness in court if the case ever goes to trial.
Customer: replied 1 year ago.
I'm scared to do this. Is it worth my time and effort? I am working very hard on myself to get out of the cycle of violence and I am not a mean person nor do I want to hurt anyone. But I do have 80% of the pictures of bruises and cuts, chats, and 5 friends who knew at the time who I called when he was doing these things. He smothered me with a pillow, our couples counselor knew, pictures, chats.

However I am in Texas right now to kind of...recover. He lives in California at our old place. I was told to call back, so I will do that on Monday. Should I give them screencaps of convos? Pictures? Or wait until they ask me.
Expert:  Dave Kennett replied 1 year ago.
I can't make the decision for you but if this guy is a threat then you should at least talk to the detective and get some guidance. Getting a restraining order is probably the best course of action rather than a full scale criminal case but you should at least talk to the police. I would take the pictures and email and tell the detective that you have them and if he wants to see them he can.
Customer: replied 1 year ago.
He isn't contacting me anymore, and I'm not in-state. But I don't want anyone else to have to go through this. Because I'm not in state, what can I expect?
Expert:  Dave Kennett replied 1 year ago.
I can't tell you what the detective will do since it will depend on the evidence and what you ask him or her to do. If you don't want a full blown criminal case then you can request a restraining order. You can also refuse to file the charges but you will at least know your options after talking to the police. No one can force you to go through with the case but I would at least talk to the police. If you don't think this guy will ever be a problem for you in the future then you can drop it. Just remember that if you do nothing and then this guy shows up in the future the police will be less likely to act than if you obtain a restraining order now.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
Dave Kennett and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
If the detective has a strong case, would he get arrested or just like a summons to court?
Expert:  Dave Kennett replied 1 year ago.
That would depend on the actual charge. If the crime occurred in CA then the case would be there but if it was in Texas then he would have to be extradited. I just can't predict what will happen when other people are making the decisions. The detective may have to refer the case to CA if that's where all of this occurred but if there is a restraining order it would be issued in Texas. In the case of serious charges he would probably be arrested but lesser offenses would probably be handled with a summons.

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