[sntemp]

Two years ago in the state of Georgia I had charges that were dropped related to a Domestic violence situation.

Now two years later and no further incidents I have left my wife. She is now claiming that she can go back and ask the charges to be reinstated and have me put away.

Is this possible after charges have been dropped?

[aardvarc]

Not likely. If they wanted to nail you back then, and thought they could make a case, they could have done so even if she wanted to drop. Prosecutors very much dislike victims playing the press/drop/press/drop game - so they tend to cut the victim out of the loop - and either press or not on their own interpretation of the merits of the case. If they didn't press then, it's not likely she'll be able to influence them to press now, especially if there are about to be statute of limitations issues on the horizon.

[sntemp]

Thanks. By the way she is saying these things through e-mail. I suspect it would be wise to keep these e-mails. Basically the e-mails are the equivolent of you do things for me or I'm going to go talk to the District Attorney about having charges reinstated.

[blueeagle]

Thanks. By the way she is saying these things through e-mail. I suspect it would be wise to keep these e-mails. Basically the e-mails are the equivolent of you do things for me or I'm going to go talk to the District Attorney about having charges reinstated.

If it's a misdemeanor the statue of limitations has already expired. If it was a felony the D.A. could charge you again, but it's very unlikely. D.A.'s RARELY refile charges they they dropped. In fact, I've never seen it happen. I'm sure it has happened before, but I've never seen it.

I would advise you to keep all the emails just in case, but I really doubt anything will come of this.

[sntemp]

If it's a misdemeanor the statue of limitations has already expired. If it was a felony the D.A. could charge you again, but it's very unlikely. D.A.'s RARELY refile charges they they dropped. In fact, I've never seen it happen. I'm sure it has happened before, but I've never seen it.

I would advise you to keep all the emails just in case, but I really doubt anything will come of this.

Thank you, I hope your feeling is right.

It was a felony stemming from a fight a couple months after the death of our daughter. After which we both got counseling both individually and seperately. It has been 2 years without any further incidents not even as much as a speeding ticket.

I will keep the e-mails because from them it point blank says that if I'm not going to do something for her then she's going to call the district attorney. I could see them possibly reinstating if another incident had happened but not because I've only kept my son for 3 days over the past 3 weeks. BTW that's what she's mad about.

But it doesn't seem the DA would know any of this in making a decision to reinstate. Would there be an opportunity for me to present the e-mails where she's only doing this to get back at me before the decision is made? Would it be in my best interest to be proactive and contact the DA?

[blueeagle]

What she is doing is called extortion. It's illegal. You could have her thrown in jail for it if you like...

Send her an email in reply asking her to stop the threats otherwise you will contact the authorties and your Attorney. Save all contacts from her. by the way the option to press domestic abuse is not on the victim. Too many times victims change their minds and take the abuser back (not calling you an abusive spouse) therefore the right to press is not on the victim.