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To Press Or Not To Press Criminal Charges

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YiaBalam

Guest
This is difficult for me to face, but I'm at the the point where I have to seriously consider whether to bring charges of assault and battery against my estranged husband.

These charges relate to one night in particular--the night before I fled our home in Florida very seriously in fear for my life. Yes, he'd been abusive many times before, but I suppose I fed myself the same "He'll snap to" crap that so many of us try to swallow. Additionally, I am unemployed due to a disability, so I had the added onus of feeling I had nowhere to run.

I won't get into too much detail, but on the night in question, my husband slammed me down into the concrete of our front walkway (I was bruised for two weeks) and also struck me hard in the right breast with a pipe. When I made to call 911, he tore the phone out of the wall and more or less played keep away wit it (he was just taller enough than me to do this). In desperation, I made a decision, and told him that if he would give me the phone, I wouldn't call the police. Instead, I'd make an emergency phone call to my parents in Philadelphia and ask them to get me a plane ticket out of there. This is how I came to escape, and this is why I've been tangled in interstate divorce proceedings.

Bringing criminal charges against my husband has been suggested to me many times, over and over--usually in the order of get the divorce first. Believe me, I want to prosecute. I don't doubt that I could win, especially since the fool has gone and admitted what he did to me. There's pressure all around me, and I'm pressuring myself--what he did was assault and battery, it is illegal, and by standing up for myself I stand for every abused spouse. It almost feels like it's my duty to society.

My question to any of you is, what next? Where do I begin? I have an attorney for my divorce, which is costing plenty, and I certainly don't have the funds to pour into more litigation. I understand I would need a new lawyer. Does the State take care of this if I'm the prosecution? I'm open to any and all advice. I know what to do, I know what I want to do and what I should do. Now I have to figure out how to go about doing it.

Thank you!

Yia Balam
 


Gald that you saw the light before you would never see daylight again. Several problems though you have a year from the date that the incident happened to report it the more days that go by the less value it has. Next are there children involved? Do you find yourself thinking about going back to Florida for any reason or are you going to permently relocate in Philly now?Personally I would file charges but again remember the statements that I have mad above. No one has the right to handle another person, for you to have moved so far away yes there is fear of bodily harm and haressment. Would this make your divorce goe easier find out . Lots of questions need some answeres to them.
 
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natesgirl

Guest
What will happen is that you must contact the police in the state the incident happened. Tell them exaclty what happened and that you left. What will probably happen is they will arrest him and the state itself will press the charges not you because it is a domestic crime. Then when his trial date is set you will be notified and asked to appear. The state prosecuter may call you as a witness due to the fact that the charges brought against him will need your testimony. Also, if you have any pictures, medical records, anything at all that shows the bruises he left and did to you they will also help.
 

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