How late is too late to report violent domestic abuse and what proof do I need?

[Blj1477]

What is the name of your state (only U.S. law)? Oregon

It has been almost 2 weeks since my wife and I had an argument which resulted in her breaking her hand from punching me in the back of the head repetitively. She went to unplug and take away our cable box and video game console, I grabbed them from her, and she swung and punch me in the nose, which caused a bloody nose. Our 2 year old son witnessed this and was screaming and freaking out. She kept following me around the house trying to get the console out of my hands and when I wouldn't give it back, she hit me on the back of the head with my back faced to her about 5 or 6 times and then walked away favoring her hand. That's where it stopped. I didn't lay a finger on her. I threatened to call to the police, but I did not want to deal with it and I did not want her to get arrested and get the kids taken away from her.

I'm having second thoughts since we are still arguing and I dont know if she is going to seek counseling like she swore she would that night. It felt like my nose was broken (I never got an x ray) I had a black eye for an entire week, as well as several nasty bruises where she grabbed my arm. I have pictures of these. She went to the doctor and has a very bad fracture, which will probably require surgery (boxers fracture they called it). I also have a text message that night of an apology (not directly admitting it).

I don't know what to do. I don't know if it's too late to report it or if I even have enough evidence. My eye is not black anymore. Do I have enough evidence for a case? Is it to late? Should I even report it?

Thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? Oregon

It has been almost 2 weeks since my wife and I had an argument which resulted in her breaking her hand from punching me in the back of the head repetitively. She went to unplug and take away our cable box and video game console, I grabbed them from her, and she swung and punch me in the nose, which caused a bloody nose. Our 2 year old son witnessed this and was screaming and freaking out. She kept following me around the house trying to get the console out of my hands and when I wouldn't give it back, she hit me on the back of the head with my back faced to her about 5 or 6 times and then walked away favoring her hand. That's where it stopped. I didn't lay a finger on her. I threatened to call to the police, but I did not want to deal with it and I did not want her to get arrested and get the kids taken away from her.

I'm having second thoughts since we are still arguing and I dont know if she is going to seek counseling like she swore she would that night. It felt like my nose was broken (I never got an x ray) I had a black eye for an entire week, as well as several nasty bruises where she grabbed my arm. I have pictures of these. She went to the doctor and has a very bad fracture, which will probably require surgery (boxers fracture they called it). I also have a text message that night of an apology (not directly admitting it).

I don't know what to do. I don't know if it's too late to report it or if I even have enough evidence. My eye is not black anymore. Do I have enough evidence for a case? Is it to late? Should I even report it?

Thanks

You can absolutely report it. Whether or not there's a criminal case to be made, we cannot know. It's not impossible by any means but no matter what, if you were abused you should (in my opinion) at least report the abuse.

 

[latigo]

What is the name of your state (only U.S. law)? Oregon

It has been almost 2 weeks since my wife and I had an argument which resulted in her breaking her hand from punching me in the back of the head repetitively. She went to unplug and take away our cable box and video game console, I grabbed them from her, and she swung and punch me in the nose, which caused a bloody nose. Our 2 year old son witnessed this and was screaming and freaking out. She kept following me around the house trying to get the console out of my hands and when I wouldn't give it back, she hit me on the back of the head with my back faced to her about 5 or 6 times and then walked away favoring her hand. That's where it stopped. I didn't lay a finger on her. I threatened to call to the police, but I did not want to deal with it and I did not want her to get arrested and get the kids taken away from her.

I'm having second thoughts since we are still arguing and I dont know if she is going to seek counseling like she swore she would that night. It felt like my nose was broken (I never got an x ray) I had a black eye for an entire week, as well as several nasty bruises where she grabbed my arm. I have pictures of these. She went to the doctor and has a very bad fracture, which will probably require surgery (boxers fracture they called it). I also have a text message that night of an apology (not directly admitting it).

I don't know what to do. I don't know if it's too late to report it or if I even have enough evidence. My eye is not black anymore. Do I have enough evidence for a case? Is it to late? Should I even report it?

Thanks

If you do, she will in turn do the same and you could both end up with a permanent pseudo-criminal record.

Either get divorced, Mr. Milquetoast or take boxing lessons.

 

[Blj1477]

How can she report that I was physically abusive when there's not a shred of evidence to prove that?

And by the Milquetoast comment are you implying I'm a coward and I should have hit back? If I had, it wouldn't have been pretty, so how is that good advice?

 

[CdwJava]

You have no idea what she will tell the police about her injury. She may take the tack that it was self defense as you were struggling with her over stuff she had in her hands (the box you were taking from her).

While you CAN - and probably should - still report it, and prosecution impossible, the delay can muddy the waters a bit.

 

[Proserpina]

How can she report that I was physically abusive when there's not a shred of evidence to prove that?

And by the Milquetoast comment are you implying I'm a coward and I should have hit back? If I had, it wouldn't have been pretty, so how is that good advice?

It's not. I'm sorry you had to read that.

 

[stealth2]

The pictures will do little good, as they don't prove she's the one who caused the injuries.

The guys down the street (mensdivorce dot com) will give you advice that I'm not comfortable giving here, due to the potential legalities involved.