Q: Attacker's DV case was dismissed. Police did not investigate properly.
My spouse attacked me last fall. Police refused to watch entire cell phone recording which showed felony assault per other attorneys that I showed video to. Spouse plead no contest to a $571 misdemeanor fine and appealed to Dallas county, who then sent case back to municipal court for dismissal. It infuriates me that another city involving a man, decided to view the recording that incident and conduct a proper investigation. My spouse has gotten away with violent crime that has left me with permanent neck pain while I was recovering from neck surgery, which happened in front of our daughter who watched and scream. As a male victim, am I out of options for any justice?
A: Something doesn't add up. A person does not pay a fine, appeal a case, then return a case to a lower court for dismissal. Obtain the case number for the incident you describe, then call a local attorney.
Kiele Linroth Pace agrees with this answer
A:
You could seek a Family Violence protective order on behalf of yourself and your daughter. Texas allows this type of action to be initiated in the county where you live (assuming you still live in Texas), the county where the abuser lives, or the county where the incident occurred. Contact the District Attorney to find out if they do Protective Orders for free... sometimes this causes a criminal case to be filed directly by the prosecutors, without going through law enforcement. However, if a final judgement was already entered then prosecution will be barred by jeopardy. If the prosecution won't take your protective order case for free then you can hire a family law attorney to do it.
Also, talk to your divorce attorney about the impact of family violence with regard to both custody and accelerating eligibility for spousal support.
Roy Lee Warren agrees with this answer
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