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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26855
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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"domestic violence" no charges filed.answer 4/1

Resolved Question:

We had an unfortunate experience in which my husband & I had to tell our daughter (boomerange kid) who had lived here with us for 5 months that she needed to move out due to her horrible behavior here, kicking our dog, tormenting him, etc. On 3/11 she and her friend came without any warning as to what time they would come to get her things (she only had what would fit in her car). I had told my daughter NOT to bring her friend (sarah) and that sarah was not welcome in our home. She and my daughter pushed past me and entered. I followed them to the bedroom where there was an argument my daughter and I were arguing (lasted a few seconds..there was a slap, and somehow her arm/hand came up to my neck (I had scratch marks) and I bit her arm. abuse and claimed I also pulled her hair. The whole encounter lasted less than a minute at most. I am 5'2 and weight 130 and am 51. They are 28 and bigger than I. My husband got me out of the room. Officers arrived and interviewed us all. No charges were filed by either parties. We took out an order of protection on our daughter for one year NO CONTACT. Daughter and Friend got angry and filed for Orders of Protection against me and requested a hearing to have ours (filed by my husband) dropped. The hearing will be tomorrow morning 4/2. Can these girls persue assault charges against me now? Arizona State!!!!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

If you are asking whether your daughter can try to get criminal assault charges pressed against you (which is not the same thing as the hearing you are facing to dismiss your protective order, which appears to be civil) she is not outside of the statute of limitations for the charge if it only happened last month, and theoretically anyway she can bring charges.

On the other hand, because of the fact that she did not wish to do so initially and she waited all this long to complain about the same incident that could have gotten you prosecuted back when it happened, the police may be unwilling to assist her unless there was a new incident, which it appears there is not.
Customer: replied 5 years ago.
So in Arizona what are the statutes of limitations? And, if she wants to press charges because I bit her when she scratched my neck she still can? Also, if the officers present didn't leave us with any paperwork at all what does that mean? Is it on our record somewhere and if so where? Why was no paperwork given to either my husband or myself or to her? Thank you again!
Expert:  Zoey_ JD replied 5 years ago.

The criminal statute of limitations on a simple assault would be one year from the incident in Arizona. It is not unusual in this type of an offense that when one person gets a protective order in civil court, the other attempts to get one in criminal. So yes, she can try, and yes, you can try.

But the problem with getting criminal charges filed is the same, right now for both of you. At the time of the incident and with the police on the scene, you both did not want to go forward. Now, with no new incident on her part or yours, if she goes to try to get charges pressed she wouldn't be very credible to the police -- or you either, for that matter. It may just look to them vindictive and retaliatory and they can refuse to help her (or you) unless some new incident takes place.

If you were never arrested and never charged with a crime, there would be nothing of this incident right now on your criminal history. An incident report was probably made out, and it would be in some file cabinet somewhere and an internal record of the police department. As it involved you and no charges are going to be forthcoming you should be able to go to the police and obtain a copy of this for your records. Had you been arrested the police report would get turned over to your lawyer as part of the discovery process in your case.

Customer: replied 5 years ago.
I too want this out of the court and certainly do not wish to charge her with anything. I have no intention of requesting a hearing to drop HER (plaintiff) against (ME) defendant. However, my husband who is the Plantiff in the hearing tomorrow would like to drop the order so that she may have some contact with him if she wishes to do so. Would you consider this a wise option as far as I am concerned? That we drop ours and do not request a hearing to dismiss hers? Thanks!
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

I wouldn't presume to make that decision. You know your daughter and I don't. If you take the high road and drop your order, in a perfect world she will drop hers as well, and you can take what steps you need to as a family to restore a healthier relationship. But the world is not perfect.

If either of you feels strongly that not only will she keep her order against you out there but that she will use it as a weapon against you, I would say don't do it.
Customer: replied 5 years ago.
OK one last question. We do plan to dismiss ours ... what could she do to me that would be consider "used as a weapon"? Just wondering... she's been really unpredictable and husband thinks she won't do anything. Unfortunately she is staying with the friend and the two girls (well 28 year olds) get all spun up. What would your advice for ME be?
Expert:  Zoey_ JD replied 5 years ago.

I can't really advise you as I am not your lawyer. I can tell you what I meant by use the order as a weapon:

You drop your order. She keeps hers against you. She wants to see you. She's your daughter and you allow it. When together, even though she was the one who asked for the meeting, you have a fight and she calls the police. You will be arrested for violating the order of protection. You can holler that you were set up, but it makes no difference. The order was against you, and only the judge can lift the order. The parties cannot decide to forgive each other without the knowledge and consent of the judge. Because until that order is lifted, you will be unable to have any contact with her, even if she wants it.

I don't know how manipulative your daughter is, but it's very easy for a complainant to abuse an order and deliberately cause the other party's arrest. Perhaps tomorrow, at the hearing you can agree to withdraw your order if she will do the same. That might be the better way to solve the problem than to leave it unilateral.
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