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Town not taking assault seriously

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misscruella16

Junior Member
What is the name of your state (only U.S. law)? Massachusetts. I have been in and out of court all my life, because I grew up in a violent household it has greatly affected me. My mother was abusive growing up, and I have an upcoming court case regarding her as of recently. I have now severed ties with my entire family and its been hard, but whats even harder is how Im being treated by the police and legal system for my mother assaulting me recently. I am not surpised at all, since the legal system in the U.S. has extreme gender biases, but I want to know who I need to contact to get a serious crime such as this taken seriously. I showed up two days later at the police station after my mother stabbed me with a knife, and scratched up my arm and neck to the point of future scarring. My mother also had taken my purse and had still had it. The officer took photos, said there was nothing to be done because I reported it late. I called BS on this because Ive seen plenty of crimes reported late for which warrants were obtained and arrests made. His investigation consisted of calling my mother on the phone in front of me, and asking if what I alleged to be true. No visit to the scene. Officer said he would send report to DA the next day. Wasnt there. I called repeatedly, and after complaining to Chief, report was sent after 2 wks. DA said charges werent to be filed, even though this was a serious A&B w/ attempted murder. I filed charges myself, when I got in front of the magistrate he said he wouldnt file for attempted murder and A&B. I brought up the stolen purse, which my mother admitted to taking while in front of him. He said even though I stated in affidavit that she took it, I didnt apply for a larceny charge so he wouldnt file that either. I called BS on that because clerks office said that magistrate ultimately determines charges, so what you apply for doesnt matter, only the affidavit does. Have contacted the Board of Selectmen in my town about the officer, and after repeatedly asking for a meeting to be held, they forwarded my emails to the Chief of Police and said I would have to deal with it that way. needed to get the whole history in, even if it was long. So, before I pull my hair out how about some of you give me some suggestions to get the justice that ive always taken for granted (i know now its a utopian wishful thinking for many of us)What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
well, just as they said; if this assault being prosecuted was of such importance to you, why did you wait 2 days before filing a report? Generally, courts don't take thinks any more serious than you do.

and it is obvious you do not intend to severe all contact with your family. If so, you wouldn't have been with your mother to be assaulted and you would not need to push this so hard.

we have no idea what your mother said to them but apparently they do not believe the incident took place quite as you claim and due to that, do not believe charges are appropriate. The only action I could suggest is if you believe the DA is not acting within their duty would be to contact your state's attorney general office.
 

CdwJava

Senior Member
There is no legal obligation that the police investigate this crime, or that they do it competently and quickly.

And clearly there is some doubt as to your account of what happened. I cannot say why that is, but something is causing the authorities to "call BS" on your version of events.

You have very little control over a police investigation. But, you can also hire an attorney and sue your mother. A civil suit is something you DO have control over.
 

davew128

Senior Member
In Massachusetts you also have the ability to file a criminal complaint yourself. If you really think a crime was committed, swear out a complaint at the district court in the jurisdiction the alleged crime occurred and a date and time will be scheduled for a clerk magistrate hearing to determine if sufficient facts exist to proceed with a criminal arraignment against your mother.

That said, I'm willing to bet the magistrate will be more than a little reluctant to do so and will urge you to deal with this matter outside the criminal court system.
 

CdwJava

Senior Member
He already tried that:

"I filed charges myself, when I got in front of the magistrate he said he wouldnt file for attempted murder and A&B. I brought up the stolen purse, which my mother admitted to taking while in front of him. He said even though I stated in affidavit that she took it, I didnt apply for a larceny charge so he wouldnt file that either. I called BS on that because clerks office said that magistrate ultimately determines charges, so what you apply for doesnt matter, only the affidavit does. Have contacted the Board of Selectmen in my town about the officer, and after repeatedly asking for a meeting to be held, they forwarded my emails to the Chief of Police and said I would have to deal with it that way."
 

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