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  1. #1
    Join Date
    Oct 2006
    Posts
    11

    Default Can Assault Charges Be Filed Even If The Police Make No Arrest

    My son met with his estranged wife to talk. She was strung out on Ice when they met. She told him she wanted him to help her. She gave him an envelope of money and asked him to go get them a hotel room for the night and something to eat and drink and to hold onto the rest of the money for them to use later. The next day she begged him to help her out and that she wanted to get herself straight and make their marriage work. He took her to her mothers house, where she had been staying to get some of her stuff and to let her mother know what was going on. He stayed outside while she spoke to her mother.

    Her mother asked him to come in and basically told him that she could not have any of her stuff until he gave her (the mom) 1200.00 that the daughter owed her. He told the mother he did not have 1200.00. Then the mother said "then give me the 800.00 she gave you last night." He told her there was never $800, that after the hotel room, food etc. there was only a couple hundred dollars left.

    Things started getting very strange and so my son told them, he was going to leave for a little while, while they figured their problems out. When he tried to leave, they had blocked his car in. He started trying to back in and out and get enough room so that he could cut threw an area and leave. His wife came out jumped in is car, threw it in park, (this being after he just put a new transmission in the car) grabbed his keys and cell phone and ran in the house and locked the door. She would not give him his keys back.

    He went to the neighbors house and called the police. They were also calling the police at the same time. The police came, talked to both of them, made her give up the keys and he left. However, before he left, she started claiming he had hurt her arm. The officers filed a domestic disturbance call but did not arrest anyone. (A note, this is coming from a woman, that we have both come to realize is very mentally disturbed. They stayed with me for six weeks and one night she got all screwed up on drugs and alcohol and went into my bathroom and cut herself all up with one of my kitchen knives.)

    Now she is calling him and telling him if he doesn't give her $800 (which never existed in the first place) that she is going to go to the DA and file assault charges.

    My question is can she do that after the fact that the officers that were called out saw no reason to arrest my son after the claim she made right then and their?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can Assault Charges Be Filed Even If The Police Make No Arrest

    The short answer, yes. Charges can be filed after-the-fact even if there was no arrest.

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