Fort Myers, FL asked in Criminal Law, Civil Litigation and Domestic Violence for Florida

Q: Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?

Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started. He parked (facing inward), both exited vehicle (left car running with key fob in car). He was only going to get his laptop from the condo and leave. As both were walking up the sidewalk to condo (he in front of her), she had went back to his car, got in driver's side to drive off (without his permission). As he attempted to run to passenger side to open door (closest to him), she locked the doors and began backing out (rear of car to the left). He then ran around the front of the car to get to driver's side, when she put the car in drive and ran over his left foot. He believes she tried to hit him, but got his foot. She continued to drive off in car as he had fallen to the ground. Stole firearm in car.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your local State Attorney's Office (and advise about the officer). Whether or not criminal charges are initiated, your son has a potential civil claim against his ex, and factors to evaluate there are extent of injury and insurance coverage.

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