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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default No arrest, but MIL placing conditions to file charges if her conditions are met

    Florida - A daughter-in-law bit their mother-in-law last year. Police were called and the MIL said she would not press charges if the DIL went to counseling. No arrest or citation was made at the time. Spats without physical violence have gone on for a year and MIL wants to file charges now. The DIL was already going to counseling for something else.

    Can the MIL place conditions on the DIL like that?
    What are the chances the DIL would be charged?
    Would the DA see this as a power trip by the MIL (to make DIL prove she talked about it in therapy as a guise to get to see the DIL's therapy records and most likely to use against her in another matter)?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No arrest, but MIL placing conditions to file charges if her conditions are met

    She can try to pursue charges, but there is a substantial chance that the police and prosecutor would have little interest in pursuing charges. Depending on how this might be charged,
    Quote Quoting Florida Statutes § 775.15 Time limitations; general time limitations; exceptions
    (c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.

    (d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

  3. #3
    Join Date
    Oct 2006
    Posts
    2

    Default Re: No arrest, but MIL placing conditions to file charges if her conditions are met

    Quote Quoting aaron
    View Post
    She can try to pursue charges, but there is a substantial chance that the police and prosecutor would have little interest in pursuing charges. Depending on how this might be charged,
    Thanks so much!

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