Would Domestic Violence be Prosecuted One Year After Alleged Incident

[prsnmac4]

My question involves criminal law for the state of: CALIFORNIA

My question involves police conduct in the State of: CALIFORNIA

DOMESTIC VIOLENCE - ONE YEAR AFTER ALLEGED INCIDENT

Hello. I had a bitter breakup between my girlfriend and I recently. She is owed a little bit of money that I've been paying back. I missed a few payments and now she's threatening to go to the cops to say I physically abused her and she has pictures and so on. There was never any abuse, we have argued like any other couple. She has also harassed my with at least 50+ text messages and 50+ phone calls to me, my mother, and my aunt. She has threatened to go to the workplace of my mother, aunt and spread rumors about me and badmouth me and embarrass them.

Four days ago I file a complaint about her harassing me to the cops. Today I get a phone call from a detective wanting to talk to me. Now I don't know if this is in regards to me going and filling out a report at the station or if she went and filed a police report to get me arrested over an alleged incident from over one year ago.

Will the prosecutor even look at a case like this? Would it even get the the prosecutors office? Will the cops not investigate this and see she is a nut case that has been harassing my family and I?

Any help/feedback positive or negative would be great. Thanks in advance

[cdwjava]

My question involves criminal law for the state of: CALIFORNIA

My question involves police conduct in the State of: CALIFORNIA

DOMESTIC VIOLENCE - ONE YEAR AFTER ALLEGED INCIDENT

Hello. I had a bitter breakup between my girlfriend and I recently. She is owed a little bit of money that I've been paying back. I missed a few payments and now she's threatening to go to the cops to say I physically abused her and she has pictures and so on.

Did you "abuse" her? Does she have pictures?

If she is threatening to report you to the police if you do not give her money that can be a crime. However, if she has the evidence to show that you did commit a crime, you might want to think twice about calling the police. But, if she does, her motivation and thus her veracity could be a major factor in any criminal proceeding against you.

There was never any abuse, we have argued like any other couple.

So, no pushing or shoving at all? No tripping, accidental injury, nothing?

She has also harassed my with at least 50+ text messages and 50+ phone calls to me, my mother, and my aunt. She has threatened to go to the workplace of my mother, aunt and spread rumors about me and badmouth me and embarrass them.

If you are receiving unwanted and harassing emails, texts or calls, you can report it to the police as it could be a misdemeanor under PC 653m.

Four days ago I file a complaint about her harassing me to the cops. Today I get a phone call from a detective wanting to talk to me. Now I don't know if this is in regards to me going and filling out a report at the station or if she went and filed a police report to get me arrested over an alleged incident from over one year ago.

Did you ask? Of course, he doesn't have to tell you.

On the other hand, if he needs something more from you for your complaint and you do not go in, you can kiss your complaint goodbye. And, after a year, it is highly unlikely that he would arrest you for any crime that occurred that long ago. he might ask for your statement and then forward the matter to the DA, but chances are he's not going to be able to justify slapping the cuffs on you.

Will the prosecutor even look at a case like this? Would it even get the the prosecutors office? Will the cops not investigate this and see she is a nut case that has been harassing my family and I?

What the police discover is anyone's guess. Whether a DA will file or not depends on what comes out in the investigation and whether or not the DA feels he or she can make the case before a jury.

[prsnmac4]

Thanks for the quick reply cdwjava,

No physical altercation what so ever. Also after that particular alleged altercation, she made up with me and we were together for some time after that clearly in the public eye, attending tons of weddings together and pictures of us at all these family parties together happy and everything else. If she thought I was so crazy, dangerous, or violent then why did she come back with me for another 6 months with no problem in the world. What is her motivation that she decides to file a police report now versus something that happened one year ago? What has changed for her now that she wants to report it now? She had more than a reasonable opportunity to file a police report a long time ago.

I will have my family make complaint also to the police station about unwarranted calls and text messages now.

In regards to the detective calling me, she called at the end of the day and I didn't get a chance to return the call. I'm wondering now if I should consult with an attorney before speaking with the detective or if I should go in and speak with the detective with my mother and aunt that are both getting harassed.

[cdwjava]

Thanks for the quick reply cdwjava,

No physical altercation what so ever. Also after that particular alleged altercation, she made up with me and we were together for some time after that clearly in the public eye, attending tons of weddings together and pictures of us at all these family parties together happy and everything else.

None of which proves that no DV occurred, only that you got back together - something very common in DV situations.

If she thought I was so crazy, dangerous, or violent then why did she come back with me for another 6 months with no problem in the world.

There are a number of reasons why someone who might be afraid or a victim might go back to their abuser. They write entire books on this topic.

What is her motivation that she decides to file a police report now versus something that happened one year ago? What has changed for her now that she wants to report it now? She had more than a reasonable opportunity to file a police report a long time ago.

These would also be questions the police would ask. But, you do not know that she did report it.

I will have my family make complaint also to the police station about unwarranted calls and text messages now.

Unwarranted is not the same as unwanted. if they have told her to stop and she continues, THEN it might be a crime. What the police would probably do is call her and tell her to knock it off and if it continues then they might forward the case to the DA.

In regards to the detective calling me, she called at the end of the day and I didn't get a chance to return the call. I'm wondering now if I should consult with an attorney before speaking with the detective or if I should go in and speak with the detective with my mother and aunt that are both getting harassed.

That's up to you. But, if it has to do with your report and you delay, they may move on to other matters. Your claim is rather low level fare, so they are not going to dedicate a lot of time and effort to phone/text harassment.