Q: If my wife has a prior assault charge that’s expunged, can any assault after cause it to be brought up? Even if she lied
Her charge was 3 years ago. She recently filed an EPO and left that part out entirely. I’m wondering why she left that out. Can she be charged again?
A: An EPO taken out only talks about the facts of something that recently happened. A prior assault charge would not be brought up. An EPO is not a criminal charge. It’s a civil petition that’s taken out by a victim.
Timothy Denison agrees with this answer
A: If you want to ask her questions about it at the EPO hearing, you can attempt to do that to show a previous pattern. If it is officially expunged, no court record should be available on it. You would likely only be able to mention it if she lies about it, or says it never happened.
Timothy Denison agrees with this answer
A: No. Once expunged, it never occurred.
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