Criminal Law

I was hit by my husband last year feb 2009. Can I file charges…

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I was hit by my...
I was hit by my husband last year feb 2009. Can I file charges against him now . This is california. I was bruised .... Read full answer
I was hit by my husband last year feb 2009. Can I file charges against him now . This is california. I was bruised .
Submitted: 8 years ago.Category: Criminal Law
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Answered in 2 minutes by:
12/13/2010
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,833
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D. :

The statute of limitations for domestic violence in California is two years.

Customer :

the event happened on 24th feb

TexCrimLawyer, J.D. :

This means that charges must be filed within two years of when the crime was committed. As such, you will have until Feb. 24th, 2011 for the person to be charged.

Customer :

so do I need to report the matter to police?

Customer :

I have pictures

TexCrimLawyer, J.D. :

Bear in mind that this doesn't mean you will have until then to report the crime. The person need to be formaslly charged by then.

Customer :

so what should be my action

TexCrimLawyer, J.D. :

Yes, you need to report it to the police ASAP and provide them the pictures.

Customer :

then what will happen

TexCrimLawyer, J.D. :

The the police will begin an investigation. Once they conclude it, they will refer it to the DA, who will decide whether or not to bring formal charges.

TexCrimLawyer, J.D. :

Since this can all take a while, you need to report it ASAP.

TexCrimLawyer, J.D. :

So that they can begin the process and formally charge him by Feb. 24th.

TexCrimLawyer, J.D. :

Can I help you with anything else? Does that answer your question?

TexCrimLawyer, J.D. :

Are you still there?

TexCrimLawyer, J.D. :

If you do not plan to "Accept," please let me know so that I can move on to help the next customer.

Customer :

what are the basis for charges?

Customer :

how does the DA decide whether or not to bring formal charges

TexCrimLawyer, J.D. :

The DA decides if the facts meet the elements of the crime and if he believes it can be proven at trial. There are many factors that go into that decision.

Customer :

my pictures are not dated but there was a photo lab technician who took the pictures. I left the pictures with him to collect later but he lost it ... I also took the pictures on my cell and again went to him to give me the print of the pictures and he gave a declaration that he did saw the bruise. I am unable to find him now as he does not work in CVS anymore.

TexCrimLawyer, J.D. :

Are the pictures still on your phone or do you have digital copies?

Customer :

no ...... somebody broke open my car broke the window and took my purse which had the cell. My family law attorney saw the pictures on my cell as well when I had it.

Customer :

there is a police report for my purse stolen and car broke open

TexCrimLawyer, J.D. :

While that is clearly not ideal, it can still be presented as evidence in court, leaving it up to a jury to decide. You may check and see if you have the receipt or check your credit card statement to see if you can find the CVS charge.

TexCrimLawyer, J.D. :

Is there anything else I can help you with?

Customer :

no thankyou.

TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,833
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 8 years ago
one more thing.... I had a bruise on my arm .. is it sufficient for such charges.
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
Yes, but only misdemeanor charges.
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Customer reply replied 8 years ago
still 2 year period for misdemeanor charges
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
Yes.
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Customer reply replied 8 years ago
what are the consequenses of misdemeanor charges
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
Up to 6 months in jail, a fine up to $1,000, or both.
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Customer reply replied 8 years ago
can a civil case be also filed to claim damages at the same time. Please advice.
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
Yes. Also, a criminal case can award restitution for medical costs.
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Customer reply replied 8 years ago
I also had to take a restraining order aganst him. I had a big bruise and I took some medicine at home. later he filed divorce which is still costing so much attorney fees, can I ask for some of this fee? also I have a letter from my collegue who actually saw the bruise. would that help??
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
The attorney's fees are a matter to be settled in the divorce case. Yes, the colleague would be a good witness.
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Customer reply replied 8 years ago

as i mentioned I got TRO restraning orders against him and my request to restraining orders mentioned about the bruise and how I got it. would this help my case

Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
Yes, it will help bolster your credibility. You really need to report this to the police and tell them everything that went on. They will help you gather the necessary evidence.
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Customer reply replied 8 years ago

Hi, I asked one attorney andI am told tha statue of limitation for domestic violenc is one year. Please clarify?

Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
The statute of limitation for a civil suit is two years:
California Code of Civil procedure 335.1. states:

Within two years: An action for assault, battery, or
injury to, or for the death of, an individual caused by the wrongful
act or neglect of another.
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Customer reply replied 8 years ago
so I cannot go to police now and press charges??? Please advice?
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago
That is correct. I apologize for the confusion, but the civil statute of limitations is 2 years and the criminal is 1. This is an unusual circumstance, as most states allow a longer statute of limitations for criminal cases than civil. Don't let this discourage you from pursuing a civil case, though. That will allow you to get certain information in court which can be used to help you in your divorce case.
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Customer reply replied 8 years ago
how can a civil case help me .. can you please ellaborate.
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago

You may need to discuss strategy with your attorney, but, in theory, if you begin a suit for assault, you will be able to put on evidence related to that assault in court, which can be used in your divorce case (if I recall correctly, you are going through a divorce from him). You may also be able to put this evidence on during your divorce case itself, so there may be no advantage to doing it as a separate case. Also, you can get restitution for your injuries related to the assault in the civil suit.

 

I hope that answers your question. If so, please click the "Accept" button. Good luck.

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Customer reply replied 8 years ago
in this case there was never a hearing on the domestic violence, there was a child custody evaluation as well , I showed the evaluator my pictures but again as no police report was done so she did not conclude DV . And the judge is going with the evaluator so far. can something be done in the civil court to confirm the violence and sue him for my sufferings, also he is going to the family court again and again to get the restraining orders removed, can I do something via civil case not family to ensure I would have restraining orders against him.... currently through family court I have non clets can I get clets through civil proceedings .
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago

You can institute a civil case for assault. During that case, you will be able to put on evidence of your assault. Then, a judge or jury will make a finding whether or not an assault occurred and, if it did, award damages. You can then take the finding in that civil case and introduce it into your divorce case or any other proceeding where it may be relevant.

 

If my answers to your questions outside of the scope of your original question have been helpful please click the "Accept" button.

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