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Limitations on pressing charges

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Ted McNish

New member
In Los Angeles County.

My girlfriend contacted the police with accusations that I raped and assaulted her. (I did neither. She requested to stay over and at one point began slapping herself, saying she wanted evidence that I was assaulting her). The Sherriff served me an emergency protective order at my place of work. After the order expired, we spoke and she said she was planning to drop her petition for a temporary restraining order. I am more concerned about a felony rape charge. She said she would not press the DA to prosecute me.

My question is to how long she has to change her mind and press charges. Even if she drops the restraining order petition, can she return to these rape allegations and ask for prosecution at any time? Or is there some limit on how long many times she can bring this up to the police or DA's office?
 


Just Blue

Senior Member
In Los Angeles County.

My girlfriend contacted the police with accusations that I raped and assaulted her. (I did neither. She requested to stay over and at one point began slapping herself, saying she wanted evidence that I was assaulting her). The Sherriff served me an emergency protective order at my place of work. After the order expired, we spoke and she said she was planning to drop her petition for a temporary restraining order. I am more concerned about a felony rape charge. She said she would not press the DA to prosecute me.

My question is to how long she has to change her mind and press charges. Even if she drops the restraining order petition, can she return to these rape allegations and ask for prosecution at any time? Or is there some limit on how long many times she can bring this up to the police or DA's office?
Why would she do this?
And why are you still referring to her as a "girlfriend" rather than "ex-girlfriend"?

I also suggest you stop violating your PO by contacting her. If she is calling you, hang up.
 

stealth2

Under the Radar Member
I also suggest you stop violating your PO by contacting her. If she is calling you, hang up.
OP indicated that he only spoke with her after the EPO expired.

ETA: But you are correct - best course of action would be to simply sever all contact. A "partner" who would go to such lengths is not a good long-term bet.
 

zddoodah

Active Member
My question is to how long she has to change her mind and press charges.
The choice isn't hers. The DA will press charges or not. Not her, although the DA may consider her opinion on the subject, and there is no statute of limitations on criminal rape charges.


can she return to these rape allegations and ask for prosecution at any time?
Anyone can ask anything of anyone at any time.

I strongly suggest you distance yourself from this person as quickly as possible.
 

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