West Hollywood, CA asked in Criminal Law for California

Q: Can my ex girlfriend file charges from an incedent that happened 6 months ago?

I was arrested for domestic violence 6 months ago but the charges were dropped. We broke up and now she wants to file charges. Can my ex still press charges from 6 months ago?

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4 Lawyer Answers
Sergio H. Benavides
Sergio H. Benavides
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Your ex can absolutely contact law enforcement and pressure THEM to file charges, but she cannot.

Joseph Torri agrees with this answer

William Mihrtad Paparian
William Mihrtad Paparian
Answered
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Yes, unfortunately she can. You should immediately consult with an experienced criminal defense attorney.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: If the charges were dropped by the DA, then why would they bring charges again for the same crime; further, that might very well qualify as double jeopardy if they actually filed a complaint in court and then dismissed it.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Joseph Torri agrees with this answer

Joseph Torri
Joseph Torri
Answered
  • Criminal Law Lawyer
  • Riverside, CA
  • Licensed in California

A: She can make a request that the charges be brought, but that is unlikely if the charges were dropped. It's also unlikely that she can obtain a restraining order based on the length of time from the incident.

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