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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23991
Experience:  Active member of the NYS bar since 1989
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Can i seek legal advice to pursue why police havent been

Customer Question

Can i seek legal advice to pursue why police havent been more diligent on domestic violence breaches? My ex has now recorded 14 breaches and police still have not charged him, hes also adjourned the court case 5 times which i never knew was possible
Submitted: 5 months ago.
Category: Legal
Expert:  Zoey, JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey, JD replied 5 months ago.

In what US state is this criminal case? Have you talked to the prosecutor?

Expert:  Zoey, JD replied 5 months ago.

I was hoping to hear from you, because without more information, I'd only be guessing as to why the police haven't responded meaningfully to your 14 complaints about your ex. If you have a protective order against him, and he's willfully violating the terms of that order, the police should arrest him.

However, you are the complainant on the case. And that means you have the ear of the prosecutor who is handling the case against your ex. You should present the 14 breaches to the prosecutor and tell them that you are alarmed and concerned about this and that the police have done nothing to protect you. The prosecutor can bring the matter up to your ex's lawyer and to the judge and get the offensive conduct stopped. The prosecutor can also add an additional charge to his case for violating the order if he thinks it appropriate.

If you don't know who the prosecutor in charge of the case is and you're not in touch with him or her, call the prosecutor's office and ask for the name and extension of the prosecutor in charge of your ex's case. Tell them you are the complainant. The prosecutor should be happy to hear from you, because you are the main witness on this case.

As far as the adjournments are concerned, just because you know how you'd like this case to come out doesn't mean that the defense is on the same page as you. To the contrary. The defense has quite a separate agenda.

If your ex is not interested in a plea agreement, he has a right to a trial. Trials take a long time to come about because there are always more cases waiting for trials than there are judges to hear them, court rooms to hold them, juries to preside over them and lawyers to litigate. There's quite a backlog of waiting trial cases and old cases get priority over new ones, cases where the defendant is incarcerated get priority over ones where the defendant is at liberty. It is not unusual for a case to pend for a year, sometimes even more, before the case is finally resolved. In a case which is heading for trial, multiple adjournments are highly commonplace.

Expert:  Zoey, JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.