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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Two nights ago, my husband and I were at a friends home.His

Customer Question

Two nights ago, my husband and I were at a friends home.His girlfriend who has also been a friend of mine, has a problem with drinking to much, and always starting things with people.Well about 3 months ago, she got intoxicated, as well as probably was using some type of substance.Such as pills, she has been known to abuse pills many times in the past.Anyway, she assaulted me pretty bad, and I went to the hospital.I also reported it to my hometown county police, but did not press charges.She begged me, to give her another chance .Finally I did.Again,she did the same thing.This time, I immediately called the police before she had a chance to hit anyone.The cops showed up, and warned her, and she stopped, then started back.I called them again, the same thing happened, I called again, this time the law came and purposely called my phone, and let it be known that, I had called.Then they left,after telling me not to call again.Afterwards, I was assaulted by her.Is the law responsible?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  INFOLAWYER replied 8 years ago.

Why didnt the police arrest her?

Customer: replied 8 years ago.
I think her boyfriend (who owns the house)felt sorry for her, and asked the cops not to arrest her.Even though he has asked her several times to leave, however she tells him that since she has been there for over 6 months, he'll have to take her to court to get her out.This girl, has been in jail a number of times, she also had her children taken away one time due to drug use.We all thought she was off of them, but she's not!She probably never will be,due to the fact that she is 37 years old, and if loosing her kids didn't stop her.Nothing probably will.
Expert:  INFOLAWYER replied 8 years ago.
Your question poses a criminal law issue which I prefer to defer to a colleague on. I have referred the question to him and he should be with you shortly.
Customer: replied 8 years ago.
Do you think, I can file a complaint against the city with an attorney?
Expert:  INFOLAWYER replied 8 years ago.
I dont want to give you the wrong information here on an area of law that is quite specialized. My colleague should be with you soon.
Customer: replied 8 years ago.
okay, thank you.
Expert:  Jim Reilly replied 8 years ago.
What this person did is definitely criminal (assault and battery) and she can and should be prosecuted for her conduct.

You should go to the police department to file a criminal report. Do not let them refuse to take one. If the desk officer won't accept a report, ask to speak to a supervisor. Keep going up the ladder, if you have to, until someone will listen.

If you absolutely cannot get anyone at the polce department to take a report, go to the district attorney's office and ask them to take the report directly.

The police should not have told you not to call again. You have every right to report a crime in progress or one that has been completed. They probably should not have let her know that you were the one who called on her, either, as it did put you in danger.

However, the primary responsibility for your injuries is still with this other person and you are unlikely to be able to recover damages from the police department.