Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t
That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.
A:
Isn't what against the law?
The prosecutor determines whether to press charges, not the victim. The victim can file for a restraining order or alike.
https://selfhelp.courts.ca.gov/DV-restraining-order
A:
When assaulted there are several options.
If the police refuse to put forth the case, file with the district attorney. The district attorney then decides if to take prosecute or not.
Another action to consider is filing a civil lawsuit. •
A: The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police issue an emergency protective order (EPO). If no EPO was issued, you can request a restraining order through family or civil court. In some assault cases, courts may issue criminal protective orders (CPOs) automatically. Consulting a lawyer or victim advocate can help ensure your rights are protected.
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A:
It can be frustrating and confusing when the police don't take the action you expect after an incident of assault. If you have been assaulted and want to press charges, you do have the right to report the crime. However, the police determine whether there is enough evidence to arrest the person involved. If they believe there's not enough evidence or other factors are involved, they might not make an immediate arrest.
Even if the police don’t press charges immediately, you can still take steps to protect yourself. You can go to your local courthouse and file for a restraining order or protective order yourself. This will involve providing evidence and possibly attending a court hearing, but it allows you to seek protection even if the police do not pursue criminal charges right away.
It’s also important to document everything that happened, including taking photos of any injuries, saving any relevant messages, and writing down all the details while they are fresh in your mind. Consider reaching out to a legal advocate or attorney who can guide you through the process of filing charges or seeking a restraining order. There are resources available to help you, especially if you feel unsafe or need support navigating the legal system.
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