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  1. #1
    Join Date
    Nov 2012
    Posts
    2

    Default Domestic Violence by Strangulation - How Long Do You Have to File Charges

    My question involves criminal law for the state of: Texas
    My husband strangled me twice with his leg (he has prior domestic charges and knows not to strangle with hands) ... Once with my 8mo old son in my arms in which I went completely unconscious the second time I didn't go completely uncouncous. I cut his leg with the car keys to try and get him off. After second time very weak and dissoriented I crawled out to neighbors house to try and get help. Neighbor didn't know it was me so didn't open the door just called police. I collected myself and went back to house. Cops showed up i informed the officer i had been choked out twice and they collected husbands statement saying he didnt choke me ... the officer said I had no marks on my neck but he had a cut they were arresting me. Once I was booked the marks started to show up and I complained I was in a lot of pain. So they transported me to the ER. At the ER they did X-rays and discharged me with diagnoses as follows: sprained neck, sprained elbo, sprained shoulder, sprained knee and assault. That is at least how it is listed. I just now read my medical records and it states that there is a subtle cervical fractures and a cervical ct scan may be necessary. However, no one told me this. I now want to press charges on husband and its been 2 months. The delay is due to having to go in hiding per child protective services ... I have pictures of the marks on my neck and the medical report. No one can believe they didn't come arrest him that day ... but they didn't. Do you believe I have a case? How do I proceed? He is stating he still never strangled me and marks on neck were self inflicting that I must have done while in jail. Hospital records document the marks and swelling of neck as well. Any advice would be appreciated!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Strangled Twice - How to Press Charges 2 Months Later

    have you called the police or prosecutor about this?

    What happened to your criminal charges?

  3. #3
    Join Date
    Nov 2012
    Posts
    2

    Default Re: Strangled Twice - How to Press Charges 2 Months Later

    Have not called police but was going to file at pd today. My charges are still pending I am fighting the charges which are a class C assault. Husband is trying to make them stick to help his divorce/custody case.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Strangled Twice - How to Press Charges 2 Months Later

    I think you might struggle even with the photos and medical reports - all they prove is injury, not how they got there or who was responsible.

    Have you talked to local DV advocates?

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Strangled Twice - How to Press Charges 2 Months Later

    And if you are not already, you need to be talking a lawyer to fight your case. And ask about if you have a case against hubby.

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