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I was involved in a domestic violence incident 2 years ago…

I was involved in a...
I was involved in a domestic violence incident 2 years ago in January 17th. I didn't file a report because I was scared. I stayed with him because I thought he could change. That obviously didn't happen, and now we are in a custody/visitation battle. I have pictures but no witnesses. Can I file a report on the abuse still, and do you think it will help my case if I do so? Him seeing my son all the time is detrimental to my sons Psychological behavior and mental health seeing as how he is abusive to his partners infront of his children. He also has previous rape charges and a dishonorable discharge.
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Answered in 39 minutes by:
1/13/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,629
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Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill offering information and support to your DV question.

You can continue to file a report and should do so expediently to toll the statute of limitations to prosecute the crime. Generally the period of 2-3 years applies so you would need proceed with speed.

Yes, allegations of violence and past criminal records are taken into account when it comes to determining custody.

Custody is something that is determined in the best interests of the child.

Filing a report is something you can do without witnesses but you will be asked why you took this long to report the crime, not that that in itself excuses the crime and it should still be investiaged.

"H. In all other cases a prosecution for a public offense must be commenced within three (3) years after its commission."

Criminal procedure Oklahoma statute of limitations.

We are here to help, so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS before your exit today.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,629
Experience: Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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