Domestic Violence and Divorce in Mississippi State

[johnlaw]

My question involves criminal law for the state of: Mississippi

My friend (man) involved a domestic violence two years ago. His wife reported the case to police, but she did not sign the report. So, although the police came to house, the case was dismissed and not filed without an arrest.

However, she took a picture of her bruise on the neck and went to the hospital to keep the evidence with X-ray.

After then, they have separated for two years. Now he wants to pursue a divorced. But she does not want to get divoced. What he concerns is that she brings the issue to make him difficult again in terms of criminal charge.

Is it possible if she can file the case today (after two years)? Otherwise, is there any years of length that the case was permanently dismissed?

thank you.

[aardvarc]

The police won't be interested in playing her game after two years. She had her shot to pursue criminal charges, and chose not to.

[divemedic]

She could, however, pursue a DV restaining order. This is frequently done, and since it is a civil process, can be initiated by her.

This would prevent him from owning or possessing firearms or ammunition for the duration of the order. Many DV orders are permanent.

[Mr. Knowitall]

With two years of separation, no action taken for two years, and no more recent incident to point to as a basis for a claim of fear, getting a restraining order would be an uphill battle. Granted, it's something for him to discuss with his divorce lawyer.

[johnlaw]

Thank you for the information. What he worried about is that someone in his company knows the DV. If she goes to a court for DV restraining, is there any chance that the company knows two years ago case?

Except DV restraining, what else he should concern? He just want to pursue a divorce without making big noise..

Thank you