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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29557
Experience:  Lawyer
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domestic violence case,

Customer Question

As a complainant in a domestic violene case, there were 3 charges filed against my ex-boyfriend. He was found guilty of 2, however becaue my attorney failed to ask me where the third incident took place it was ruled jugement acquital. This ruling was thru no fault of mine, therefore, is there anything I can do about it? I was misrepresented therefore, can I do something about it. This was the worst of the 3 domestic violence charges.

Thanks so much
Submitted: 4 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Unfortunately, the rules of criminal procedure are designed to protect the defendants, not victims. The Fifth Amendment prevents a person from being tried for a crime following acquittal, and a victim has no legal basis for appealing the decision. A long time ago, our Founding Fathers decided that it is better to let 100 guilty men go free than have 1 innocent man in jail, and this system is the result of that public policy.

If you have not already done so, you can get a no-contact order to prevent him from coming near you or your family. But there's unfortunately no law that would allow you to go back and try to get him found guilty on the other charges. What you may be able to do is file a civil suit for assault, on all three charges, and get a judgment ordering him to pay your medical expenses plus punitive damages.

The standard of proof in civil court is lower than in criminal court. That means that the convictions are conclusive proof of the assault on two of the counts, but the acquittal is not evidence that he did not commit the third. You could seek damages for all three instances.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.