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?
A: Your ex can absolutely contact law enforcement and pressure THEM to file charges, but she cannot.
Joseph Torri agrees with this answer
A: Yes, unfortunately she can. You should immediately consult with an experienced criminal defense attorney.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
