Q: Can I claim that I signed an affidavit of non-prosecution under duress and re-open my family violence case?
I am now divorced. My ex-husband was mostly verbal and psychologically abusive, at times physical. Dec. 2017 he was violent, angry and slapped my arms, pushed me into walls. Children were sleeping. I called 911, dispatcher told me wait outside. Female officer went inside with him, male officer outside with me in 23 degree weather. I was crying, cold, shaking. Officers determined that he was "calm and caring for the children" while I was "hysterical". They didn't believe me, took me to "cool off," left me at a hotel - on vacation in a city where I knew no one. Next morning he came to pick me up with the kids. He then convinced me he'd get help to change and said he'd lose his green card if he got charged. So I signed an affidavit of non-prosecution under duress. The abuse got worse and he used it against me saying even the cops wouldn't help me. I've had a lot of counseling to heal from the abuse. I want to re-open the case now that I'm stable. How will it look in terms of the law?
A:
A private citizen can't file a criminal case. You can report a crime to law enforcement in the county where the alleged incident occurred and the cops will investigate and decide whether or not to pursue a criminal case. There isn't much you can do about it if they decide against filing charges... if you suspect corruption I suppose you could report the cops to the Texas Rangers... that's about it.
Actually, it sounds like you already made a report, and the police already investigated and decided NOT to file a case. You didn't say anything about him being arrested or prosecuted, so its not clear how or why you signed an affidavit of non-prosecution. Did you leave something out?
The state technically has up to 2 years to file misdemeanor assault charges but in practice the chances they initiate a case in July of 2019 based on an incident from December 2017 are slim and none, especially when the investigating officers identified YOU as the problem. What would you do if they decided to file charges against you with him as the victim? Could you show you were innocent or would it just be a he-said-she-said type of affair?
Talk to your counselor about finding alternative ways to achieve closure and move on with a healthier life.
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