Okay my husband of 4 yrs and i are divorcing because he has anger managment issues that led to an instance of physical abuse.We had been seperated for 3 months because of non-stop fighting nothing i did was correct or was done to his satisfaction.He was staying in our pool house and he came home drunk into the main house where me and my daughter from a prior relationship were still living.I locked him out of the masterbedroom he broke down the door punched me and dislocated some of my fingers.Police came it was reported but i never filed charges.My husband disappeared for 6 months and i stayed in the house.Few weeks ago he moved back in without my permission so i took my daughter and left with just our personal poccessions.Am i allowed to file charges against him this late and will it speed up the divorce?
2007-07-11 12:02:01 · 19 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The police came during the incident and i was taken to the hospital to be checked out also for my fingers to be reset.
2007-07-11 12:12:01 · update #1
I would think that it would vary from state to state. You need to check with the police station where you reported it in the first place. I think that there is a statute of limitations, but it shouldn't be over with already.
Also, about the divorce, you could also check with the county offices in the county where you are filing. They can give you a lot of information on what to do.
I applaud you for getting out of an abusive situation early on. There are so many women that don't and then it is sometimes too late. I wish you all the luck in the world for getting this over with and finding a happy life afterward.
2007-07-11 12:08:32 · answer #1 · answered by animal lover 4 · 0⤊ 0⤋
If you are thinking of filing charges based on the bedroom incident, it is probably too late because all of your physical evidence (your injuries) are gone. Did you take pictures? Go to the emergency room? If not, you will likely be out of luck. Legally, the statute of limitations has not run but what prosecutor would want to try a case without any evidence except your testimony? It will not speed up the divorce either way if he wants to fight it. Are you legally separated? There should be arrangements regarding where he will live and where you will live. He cannot just show up at your house and start living there again unless you let him.
2007-07-11 19:08:34 · answer #2 · answered by TeddyBear121 3 · 0⤊ 0⤋
A little late for reinstating criminal charges as alot of evidence would have been lost in time. Besides it would not have sped upyour divorce. You should have filed your divorce on the grounds of physical abuse and may be able to explain why but nothing will happen to him. Hopefully you got a protective restraining order against him just in case its needed. Showing his abuse may allow you to obtain supervised visits for him with your daughter with no overnights. Next time file charges immediately if he does something to you. Good luck
2007-07-11 19:19:47 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
I think your time to file may have run out on that incident but it's worth consulting attorney to find out for sure. It's important to file charges when these things occur because paperwork tends to support itself by indentifying pattens. On the strength of your abuse charge, for example, you would have strong documentation to request a restraining order...and subsequently a stronger position at your divorce hearing. But you didn't press charges. There is still a police report, however, and a good attorney may be able to build a case on the merits of the officer's account. Check in to it. If your estranged husband presents a recurring threat of danger it may be wise to relocate for awhile; protect yourself at all times.
2007-07-11 19:53:43 · answer #4 · answered by Captain S 7 · 0⤊ 0⤋
Babe you need to file charges asap.Get a restraining order against the jerk.If he ever hits you or your daughter again he better hope we don't cross paths..No one is lower that a person that wishes he was a man (like your husband does) hits a lady.I wish he would hit me.I'am an old man (69) but I have a cane that weighs 22 pounds that I would beet the hell out of the S.O.B. with.Tell him I said so.The Jerk don't want this old man at all.Good luck.Your friend. I'm Jerry
2007-07-11 19:53:47 · answer #5 · answered by I'm Jerry 4 · 0⤊ 0⤋
Hey here's a thought hurt your self and then blame it on him and file a report it will be your word versus his. Because otherwise depending on what state you live in I believe you've waited too long to file on the 6 month beatdown. Other than that I think that's your best choice unless you want to have someone beat him up for you because that isn't right what he did to you. But hopefully you can get this bozo locked up.
2007-07-11 19:07:03 · answer #6 · answered by The Neon Ice Tiger 1 · 0⤊ 1⤋
You usually have a year and a day to file charges, but you case is weakened by your failure to do so in the first place, and it will fortify, but not "speed up" your divorce.
2007-07-11 19:06:57 · answer #7 · answered by Anonymous · 1⤊ 0⤋
get a restraining order asap, it will look better that way if he ever tries to get custody of your daughter too. keep him as far away from you as you can. make sure he can't hurt you anymore and that is a temporary fix until you have a better plan. he would have to stay away from you untill the restraining order hearing, it would buy you some time to find a better plan.
2007-07-11 19:11:45 · answer #8 · answered by deadwood_domico 2 · 0⤊ 0⤋
it will not speed the divorce but it will put him in jail and those charges will stick
hey good for you to not let him hurt you like that, i think women who just stay have no back bone and if they stay then they get what they deserve. they should of left
2007-07-11 19:08:00 · answer #9 · answered by Anonymous · 0⤊ 1⤋
In states that have no-fault divorces, it won't make a difference. Check your state's divorce laws, then find an attorney.
2007-07-11 19:07:37 · answer #10 · answered by Dena 4 · 1⤊ 0⤋