[deelork]

My question involves criminal law for the state of: california


i was babysitting my boyfriends daughter for him for about an hour for him to do errands. His ex, who is the mother of his child lets herself into his apartment (she doesnt have a key but it was left unlocked on accident ) and just attacks me while im not looking. I have never talked to her or met her in my life. She jumped on me and just started pounding away all in front of her daughter who was a year and 8 months. I didn't hit her in fear of hurting their daughter. All i did was try and push her off of me. I ended up with a scar on my face, some bruises and cuts. After my boyfriends sister came running downstairs and helped his ex off of me. She simply got up and took the baby and left with out saying a word. This all happened in November 08 and I told the officer i wanted to press charges, I called several times to see what was going on with the case. Now because of this incident she refuses to let my boyfriend see his daughter and he can't do anything because he doesnt have any custody of her. And I would like to add that she is on probation that is why she left as soon as she could. And in the past she was taken in for attacking my boyfriend when they were still together but that case was dropped. So she has a history of violence, so I really want some answers on whats going to happen? if anything is even going to happen?

I wanted to know if anything was going to happen to her. Why wasnt she arrested? The last time i spoke to the detective he said the case was handed over to the D.A or something. How do I contact the D.A.? Is there anything im suppose to do to with this case? Because i haven't recieved any mail or phone calls about it and if they were to drop it would they let me know?

[cdwjava]

I wanted to know if anything was going to happen to her. Why wasnt she arrested?

Presumably she was not arrested because she was gone when the police got there. What you describe is arguably a misdemeanor not committed in their presence, thus they cannot go out and arrest her without a warrant.

The last time i spoke to the detective he said the case was handed over to the D.A or something. How do I contact the D.A.?

When the report is complete they submit it to the DA. You can contact the DA by finding their office phone number in the phone book and calling that office.

Is there anything im suppose to do to with this case?

Legally? No. If you want to apply some pressure, call the DA's office and ask what's going on and let them know that you want to see that she is charged for the attack. I suspect that the ex's story may be different than yours, so don't be surprised if the DA doesn't think they have a case they can prove beyond a reasonable doubt.

Because i haven't recieved any mail or phone calls about it and if they were to drop it would they let me know?

No, they probably would not notify you if the matter is dropped.

- Carl

[deelork]

thank you for ur response


she told my boyfriends cousin that she's hired a lawyer. Should I get one as well?

[cdwjava]

thank you for ur response


she told my boyfriends cousin that she's hired a lawyer. Should I get one as well?

If you are charged with a crime, sure. Otherwise, what is it that you would want him to do? Unless you intend to sue her for damages, I do not see a need to pay an attorney just to stand around.

- Carl

[divemedic]

Now because of this incident she refuses to let my boyfriend see his daughter and he can't do anything because he doesnt have any custody of her.

Even if he does not have custody, he should have visitation rights. If not, he should go to court and get them.