Good evening Ann,
Within the same incident... on the way back to the house, he was driving erratically (swerving all over the road) and going at excessive speeds to "show me what happens" when I argue with him. I was terrified that we would wreck and, again, 7 months pregnant in a high risk pregnancy. I was begging him to stop and crying and he did not stop and stated "Are you scared now?? good that's what happens."
Is there a crime involved here? Unless you demanded to have him stop, and let you out, then there was no crime. However, if he would not stop and let you out after you asked, that would be e different crime. It would constitute Unlawful Restraint.
§ 2902. Unlawful restraint. (a) Offense defined.--A person commits an offense if he knowingly: (1) restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or (2) holds another in a condition of involuntary servitude. (b) Grading.-- (1) Except as provided in paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree. (2) If the victim of the offense is an individual under 18 years of age, an offense under subsection (a) is a felony of the second degree. (Dec. 30, 1974, P.L.1120, No.361, eff. imd.; Dec. 20, 2000, P.L.721, No.98, eff. imd.)
I would also like to ask... since this is just my word against his, with no real physical evidence, aside from my parents as witnesses, is this worth pursuing?
There were text messages between us later that night that would show that it happened, however my phone automatically deletes texts after some time and I can't get to them anymore. So I really don't have anything to show for it.
Also, considering that we are in the middle of a custody battle, and this incident happened months ago... is it likely that the defendant can claim that I am just now filing this as a way to get a one-up in the custody case? Yes, he could claim that, and it would arguably have some merit, I'm afraid. Normally people who are assaulted or against whom a crime has just been committed, report the crime immediately. When they don't, the authorities generally ask why not. I want to make sure that this can not end up hurting me in any way... he is very likely to lie and deny everything. Because you can't prove that it happened---it is your word against his---it may not be able to help you much.
I regret not filing it sooner, I was under the false impression that since I did not file that night, it was too late. I would like him to have to deal with the consequences of what he did.
The prosecutor may always file charges within the statute of limitations if they choose too. So it is not that legally, it is too late. But is does become a harder case to prove for the prosecutor the longer the time is that has elapsed.