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Filing Police Report After 6+ Months

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  • 06-15-2010, 08:58 PM
    uutt
    Filing Police Report After 6+ Months
    My question involves criminal law for the state of: CALIFORNIA

    OK my boyfriend and I got in a fight earlier this year, about 6 or 7 months. I ended up scratching him alot, and got a bruise on my face and leg. As it was mutual, neither of us called the police at the time but a few days later I had a friend take pictures of my bruises.

    Now we've broken up and I recently found out he filed for formal visitation with our child. Can I file a police report showing pictures of the bruises, or is it too late to have him charged since it's been awhile?
  • 06-15-2010, 09:16 PM
    cdwjava
    Re: Filing Police Report After 6+ Months
    Legally, you can still report the crime. The statute of limitations is either one year or three years depending on the specific offense that might be alleged.

    However, doing so right now will almost certainly be seen as a vindictive means of gaining leverage in a custody hearing.

    There will be problems with evidence (proving when the injuries occurred and who inflicted them) as well as motivation (now as opposed to when it happened) and I do not think it likely the DA will prosecute.

    But, you can certainly report it to the police and see where it goes. Of course, it might result in BOTH of you getting charged, or even just YOU getting charged ... you just do not know.
  • 06-22-2010, 08:05 AM
    uutt
    Re: Filing Police Report After 6+ Months
    If I file the police report, how soon would he be arrested? Would they arrest him even if they later decide not to file charges?
  • 06-22-2010, 08:15 AM
    justtoonice
    Re: Filing Police Report After 6+ Months
    OMG! Just let it go. It will cause more problems than you think it will solve. Like you said, it was mutual, and how do you know that HE didn't get pictures of his scratches?

    (I'm not a lawyer, but was involved in a domestic violence situation.)
  • 06-22-2010, 08:17 AM
    Baystategirl
    Re: Filing Police Report After 6+ Months
    Quote:

    Quoting uutt
    View Post
    If I file the police report, how soon would he be arrested? Would they arrest him even if they later decide not to file charges?

    Are you sure he didn't document your assault on him? Perhaps he did. Perhaps your plan to manipulate the custody case will back-fire on you.
  • 06-22-2010, 12:18 PM
    cdwjava
    Re: Filing Police Report After 6+ Months
    Quote:

    Quoting uutt
    View Post
    If I file the police report, how soon would he be arrested? Would they arrest him even if they later decide not to file charges?

    He would NOT be arrested after your report. If they did anything, they would forward it to the DA and let him decide. I would not anticipate any arrests or court action based upon a 6 month old report without any real proof, but stranger things have happened.
  • 06-22-2010, 12:22 PM
    Antigone
    Re: Filing Police Report After 6+ Months
    Quote:

    Quoting uutt
    View Post
    If I file the police report, how soon would he be arrested? Would they arrest him even if they later decide not to file charges?

    This is not going to help your custody situation. If anything it will make you look worse.

    You could stand to lose custody all together if you play games with the court.

    Vindictive isn't quite the word for you. The words I have for people like you would earn me a permanent vacation, so let me just say ~ focus.
  • 06-23-2010, 11:04 PM
    Admit Nothing
    Re: Filing Police Report After 6+ Months
    Having your boyfriend arrested because he wants to see his child seems not only vindictive, but a$$ backwards. Do you know how many women would kill for their children's fathers to be involved in their children's lives? You should count your child's blessings that he wants to be involved and support your child despite the two of you breaking up.

    But...to avoid passing judgement, you should probably file a restraining order instead of a police report. If you are still, of course, in fear for your safety. He can just as easily get one against you though. Since you admit yourself that the fight was mutual, filing a police report that he abused you would not only be wrong and vindictive, it would be a crime. Filing a false police report IS A CRIME.

    Either way, you should probably just let it go. Using the court system to get revenge or try to screw over your ex is wrong.
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