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Domestic Violence Case Dismissed - What Can the Victim Do

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  • 01-28-2010, 04:41 AM
    savagewinter
    Domestic Violence Case Dismissed - What Can the Victim Do
    My question involves criminal law for the state of: San Francisco, California

    On 12/25/2009, My ex boyfriend violently attacked me. He dragged me around his house by my hair and my ankles, he almost killed me. I went home and took pictures but I was scared of my life and scared of what he might have done to me if I retaliated. It took me a lot of courage but I finally went to the police 3 weeks later. I went to the police station with my pictures, the police there even took pictures of my injuries. After they filed the report, they decided to arrest him. They served him with an EPO and confiscated his gun.

    The DA, with the amount of evidence I had decided to dismiss the case. There were many outcry witnesses whom hadn't been interviewed yet, and there were text messages going from my ex boyfriend to me proving he did commit the crime. His ex girlfriend whom he has beaten up several times is willing to testify against him.

    However, the DA did not seem interested in persuing the DV case. She said she did not have enough evidence to prove it was beyond a reasonable doubt, and that I had feared for my life. I am DEVASTATED. She indicated I should be happy my ex boyfriend is being charged with felony narcotics.

    What can I do to make the DA press charges against my ex boyfriend? I am willing to testify a long with his ex girlfriend. There are pictures of my injuries, is that not enough evidence to press charges against him?

    There is no justice in this and I feel the DA is letting him get away with committing a crime. What can I do?
  • 01-28-2010, 02:20 PM
    cdwjava
    Re: Domestic Violence Case Dismissed What Do I Do
    You cannot force the DA to testify.

    I suspect that part of the problem was the delay in reporting it to the police. Unfortunately,a lot can happen in 3 weeks and the defense can make a reasonable claim that your injuries came from someone other than the defendant. The problem with the delay is that all the photos do is prove you had some injuries, they do NOT show who inflicted them.

    At this point you can try to bring the media in or some advocacy group and see if they can apply some pressure, but I would not count on that working too well. But, the DA herself (not the Assistant DA dealing with your case) might be more willing to pursue it if there is some attention.

    You can also seek a restraining order to keep this clown away from you, and you can even sue him for damages,medical bills, and lost wages. If he has the means, maybe pain and suffering as well.

    In short, the DA's office cannot be forced to prosecute. If they decline, that's pretty much it.
  • 01-29-2010, 09:15 AM
    aardvarc
    Re: Domestic Violence Case Dismissed - What Can the Victim Do
    DAs often also don't respond well to photos taken by the victim, victim's friends, victim's families, etc. Too easy for the defense to say it was makeup, bad lighting, or were taken 6 days, 6 weeks, 6 months before you even MET the defendant, etc. creating MAJOR issues with giving such evidence ANY level of credibility. The only photos you can realistically count on making a difference in the filing of a criminal charge are those taken either by police or by medical personnel who have no connection to the case, AND, to have those photos taken within a few days of the injury or over the course of several days (take them too soon and much of the bruising won't show) - waiting 2 weeks is pushing it and as Carl already pointed out, gives the defense a HUGE gap in which to claim that someone else did it or something else caused the injuries. Court cases surrounding the causation of injury depend on evidence, and if that evidence isn't collected impartially (ie not a victim submitting their own pictures) it really ties the hands of what the DA can do.
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