My sister and brother in law are in the middle of a bad separation soon to be divorce and my 6mo nephew is caught in the middle. Things got messy the other day and my sister ended up slapping my brother in law during an argument. He called the police but decided not to press charges. Now he is telling her that if she does not bring my nephew to his house by such and such a time he will press charges and have her arrested. Can he do so if he has already declined to press charges?
2007-08-12 19:09:57 · 6 answers · asked by xfevv 1 in Politics & Government ➔ Law Enforcement & Police
Yes, he can still press charges against her and he is helped by the fact that the police already have a record of the incident. She does need to get with an attorney and let them know about his use of the issue to extort certain behavior from her.
Now both of them could get arrested and who wins here? Nobody. Who loses? The child.
She needs to talk to an attorney and do as he instructs for the sake of her child
Scott- you talk and act like a rookie. You seem to mention it on every answer you give like it means that your the only one with the right answer. Grow up.
2007-08-12 19:50:16 · answer #1 · answered by theanswerman63 3 · 0⤊ 1⤋
Yes. All he has to do is swear out a warrant on her. It does happen from time to time but is pretty rare.
She may want to talk to a lawyer if she doesn't already have one.
Answerman: Not sure why you felt the need to make that comment about me. My answer is simple and to the point. In fact it was pretty much what you said without going into the dilemma of the child. It does not even address anyone else (until now). The slogan or moniker I attached to my answers is not directed at you or anyone else and was not an attempt to talk down to you. I won't even resort to calling you names (i.e. rookie).
2007-08-13 02:21:08 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
I suppose it depends what department, state, etc. I don't play that game. If someone tells me at an incident they don't want to cooperate with prosecution, then the case is terminated. I don't care if they call a week later and change their mind. Relationships like you described above are so volitile that sometimes they like each other sometimes they hate each other. If I tolerated people changing their minds every other day I'd be absolutely buried in paperwork and those people would use those incidents to hang over each others head.
2007-08-13 03:14:34 · answer #3 · answered by Groundhogg 2 · 0⤊ 0⤋
Yes. The statute of limitations for this type of thing is probably at least 5 years or so.
2007-08-13 02:15:14 · answer #4 · answered by Anonymous · 1⤊ 0⤋
There's a statute of limitations for everything. She can, however, bring a blackmail case against him.
2007-08-13 02:28:46 · answer #5 · answered by DOOM 7 · 1⤊ 0⤋
no its all hear say. just remain calm and act like u know
2007-08-13 02:18:38 · answer #6 · answered by ~M@~me~ 3 · 0⤊ 0⤋