Assault Causing Bodily Harm While Victim Was Pregnant
My question involves criminal law for the state of: GA
in Feb 2010 I was assaulted by then husband while been 41/2 months pregnant
final divorce on April 11 2011. the criminal case nothing still the court will call him 8;3oam only to ask him if he pleads guilty or not, and that's it/ he walks away every time
spoke with DA they have other priorities. am so sad and angry everything I went trough is a small town he drives by my job but not enough to call 911 because they say he is only driving , not paying child support i took him to court and a day before he made a small payment and walked away again,now took the case to child support office and still no payments
i feel like they are giving him all chances while i struggle emotionally and physically everyday because of the assault, [/SIZE]
please i need help what to do if is any way i can go somewhere to make them start a process, am afraid he might flee , they are giving him all chances.
they need to hear me, please help
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
You list your location as Atlanta but since you mention a small town, I assume you are in one of the bedroom communities around Atlanta... The Atlanta metro has an excellent network of domestic violence advocates. If you are already not in contact with your local advocate, reach out. Someone local could tell you if the timeframe is normal in your area, or not. You can locate the nearest advocate by contacting the National Domestic Violence Hotline.
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
thank you so much am in newton county they keep telling me they have other priorities, i will contact aardarc
thank ou
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
no answer from them (aarvac) ,e-mailed newton county DA and still no response,is so sad 1year and half and he still walks the same places i do, is so scary i froze to death all those memories, when he tried to kill me while been pregnant , does anybody knows the length of time to start the trial? for criminal case,
? do you think they StaTE will forget about me?, IT is any protection for us THE VICTIMS ? seem they are giving him al l the chances to attacked me again , do they think a proTection order will stop him? a woman got kill by her husband with protection order, several phone call to police and they did not do anything, am worry and scare is any help for me please HOW CAN I TELL THE TO START THE PROCESS so he can pay for what he did
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
You cannot force the state to take action. Maybe they don't have enough evidence to prosecute. Maybe they don't have enough evidence yet and are still investigating. But in any case, it is the decision of the DA as to what cases to pursue and there is no law you can invoke that will force him to prosecute your ex.
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
thank you for your response, and they do, from the same night emergency room x rays of broken finger, aftermath of assault, and all my high risk pregnancy,so is to wait and that it? i jus t pray he does not follow me or intimidate me again, last time i call the police he stated exactly the yard of restriction he was, he wanted me to see him it was scary , he got away with it. the police sat at my entrance all night
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
That is still harassment. Read the protective factors of your protection order. Look for provisions that protect you from that kind of foolishness. For example, your order may say he is prohibited from physical abuse, interference with personal liberty, harassment and stalking. The police might be more inclined to arrest him on that basis in lieu of posting in front of your house.
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
last time i call the police he stated exactly the yard of restriction he was, he wanted me to see him it was scary , he got away with it. the police sat at my entrance all night
How long ago was this?
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
He hasn't gotten away with anything yet. The problem is that the CJ system runs VERY slowly - unlike what you see on TV, cases aren't over in a few days. There's a process and there are delays - cases from simple burglary all the way to homicide can take a year to play themselves through the various stages. In your case, it would appear that the state IS bringing criminal charges, since the process you describe him attending, where he pleads guilty or not guilty in a criminal matter, is called "arraignment". After arraignment, more steps occur, such as discovery, depositions, and the setting of a trial date. None of these occur quickly.
Police also appear to be taking the matter seriously, since you note that they "sat at my entrance all night". However, police can't and won't act as personal protection services or bodyguards. This is why two things are vital; first, that you are vigilent about calling 911 immediately if the protection order is violated, and two, that you follow drthyrd's advice and work with a local advocate on a personal safety plan. They are your best source for information and aid in making use of all of the resources available in your community to help protect yourself (for example, not every community has free ADT services, but if yours has it, you'll ONLY be able to access it via your local domestic violence program). They can also assist with things like applying for crime victim compensation, especially in relation to any medical bills from your hospital visit or followup care. As already noted, you can locate your local advocates and work through a preliminary safety plan on our site (www.aardvarc.org).
The reality of the criminal justice system is that it is designed to protect the ACCUSED, because our country was founded by people who were, at the time, criminals in the eyes of their native England. Thus, our government, and the criminal justice system in particular, is DESIGNED, on purpose, to protect those accused of crimes, and to ensure that THEIR rights are honored and that all reasonable efforts for defense take place BEFORE they are deprived of life, liberty, or property. Yes, that means that victims often get shafted, but the system wasn't created to protect victims - so victims need to take advantage of resources outside of the system which ARE designed to accomplish that task, as well as with advocates within the CJ system (usually advocates at the DAs office or sometimes within the investigating police agency in larger or more progressive agencies) who can help to keep them informed and in the loop as far as what's happening with the criminal case.
Re: Assault Causing Bodily Harm, While Been Pregnant Close To1-1/2 Years and No Trial
you think they would, but they don/t. i do understand is other cases higher like death penalties for them but how to understand what is going on right now with me?, this is been happening now for a month . i think until something happens to me they will do something , that's why i was looking for some type of advocate for them to listen and realize this is not going to stop until he hurts me again.
last year when he assaulted me GA Victims compensation helped me to cover medical bills over $40,000 due to the attack , cir juries, and physiological treatment , i still have nightmares . am so thankful with them
i don't know what to do, am taking him back once again to court august 25 Th earliest time in their court schedule for me to "prove" that he is harassing me i feel like am the one who is in the stand and not him. am afraid TO GO OUT Outside or to buy groceries or anywhere where he might see me always in the shadows but letting me know he is around how can anyone live like this?. he is so good with his words always an answer for the cop, either a dropping of a family member to their house , so happens to be is less than a block from mine? or driving is no a crime? so happens is every time by my job or church, i do not have a routine am always looking around like hiding, but why should I, if anyone ou tthere is going thru the same please advise me what to do? i just started to take pictures to prove he is following me and videos too
thank you. so much for your responses