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Spousal Abuse Arrest

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I live in California. My finace recently attacked me. I called 911. When officers came to the house, my fiance stated that I attacked him with a pan (which is completely false!) He admitted that he choked me in front of the officer. He also injured my back, neck and ribs. There were marks on my neck from him choking me. I used my free hands to try to get him off of me, but he claims the red mark on his cheek was from a pan. The officer arrested him and stated that he believed my story and he felt the mark came from me try to get him off of me. Based on the police report alone, the DA did not file charges. The DA stated that it was a mutual fight. I was outraged because I have taken 125 hours off of work due to my injuries with more to come. I am in physical therapy. The DA told me to have Police file a supplemental report with my medical records and time off of work and resubmit for DA's review. My question is, will they re-arrest him when they resubmit? What can happen to him if he is found guilty? Also, can I file a lawsuit against him for my time off work and pain & suffering?



You have two separate questions:

1) it is possible that supplying the information the DA/police requested will re-open the criminal charges against your ex-fiance. It's probably worth giving them the extra information they requested to see if they will. Be sure and follow up with them.

2) As far as recouping money against your ex-fiance, you would need to file a civil lawuit against him. Talk to a lawyer who specializes in personal injuries; there are names of attorneys at this website if you haven't any idea who to call.

Good luck.

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