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Consent to Investigate and/or Press Charges?

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shariberry7

Junior Member
What is the name of your state? CA

If a victim of sexual abuse files a police report regarding the abuse, do the police need her consent before launching an investigation and/or to press charges against the perpetrator, or once the police report is filed, is it entirely in their hands?
 


seniorjudge

Senior Member
What is the name of your state? CA

If a victim of sexual abuse files a police report regarding the abuse, do the police need her consent before launching an investigation and/or to press charges against the perpetrator, or once the police report is filed, is it entirely in their hands?
https://forum.freeadvice.com/showthread.php?t=378826

We already discussed this to death.

But if you have any more questions, post them in your first thread.
 

seniorjudge

Senior Member
Would Judge grant restraining order?

What is the name of your state? California

I have recently met a man who has a restraining order against him by his ex-girlfriend. He says that she falsely accused him. Generally speaking, if he was falsely accused and there was no evidence of domestic violence presented in court by her, would a judge grant a 3-year Restraining Order After Hearing against him and order him to go to counseling? There is also a record that he violated this restraining order a year later. Does this indicate that she called the police on him to enforce the restraining order?

Thank you in advance for your response. I'm trying to figure out the truth here.


You don't remember this?
 

shariberry7

Junior Member
These are two entirely different questions. The first one had to do with whether or not a judge would grant a domestic violence restraining order against someone if no evidence was presented against him (which he claims is the case).

This question has to do with police procedure (hence the Arrests, Searches, Warrants & Procedures thread) in a potential criminal case. If there's a thread that answers this question, I'd be happy to go there if you could point me in the right direction.
 

shariberry7

Junior Member
The first question had to do with information I found against him that someone else brought against him in a domestic violence situation. The second question has to do with information I might bring against him in a totally different situation.
 

HomeGuru

Senior Member
The first question had to do with information I found against him that someone else brought against him in a domestic violence situation. The second question has to do with information I might bring against him in a totally different situation.
**A: oh, in that case read and search the forum.
 

CdwJava

Senior Member
If a victim of sexual abuse files a police report regarding the abuse, do the police need her consent before launching an investigation and/or to press charges against the perpetrator, or once the police report is filed, is it entirely in their hands?
Once they have the report, it is entirely in the hands of the police and the prosecutor (in California). The victim's cooperation is desired, but they can still pursue the matter without it.

- Carl
 

Zigner

Senior Member, Non-Attorney
Our OP shall serve as a poster-child about why a person shouldn't involved themselves with another person who has a violent past...even if the person says "It's all made up - they're all out to get me". :cool:
 

shariberry7

Junior Member
Thank you, Carl, for the succinct answer to my question. I appreciate it. Thank you to the other posters for your comments - they aren't taken lightly.
 

outonbail

Senior Member
Thank you, Carl, for the succinct answer to my question. I appreciate it. Thank you to the other posters for your comments - they aren't taken lightly.
What happened to the following plan?
I'm runnin' like the wind! Thanks for your input!
He still caught you huh? Those abusive ones can be such sweet talkers when they want to....
 

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