Q: Question about judge and commonwealth attorneys powers/abilities in domestic assault case - long question --
There was a 15 day EPO issued, which was dismissed at the hearing on a motion to strike based soley on the prosecuting claimant statement. There is still pending criminal assault charge on defendent. Question is regarding prosecuting claimant outcome:
If defendent is found not guilty or case dismissed on other reasons, can/will judge automatically charge prosecuting claimant with the assault charge? Or does the defendent have to make the claim and have charges filed? In a commonwealth, what about the commonwealth attorney - can the commonwealth attorney automatically charge the prosecuting claimant? Or again, does the defendent first have to make a claim and press charges?
A: It will be up to the defendant to show malicious prosecution if this is what you are saying. The Judge won't just charge the claimant in your case if it is dismissed.
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