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My niece, doesn't live with her mother nor go to school anymore by her choice at the age of 17(state of Texas). She lives with her boyfriend which just last night beat the crap out of her to the point that she's going into reconstructive surgery tomorrow! She claims that she got jumped by some girls and didn't call the police. Everyone knows that he's the one who did it. Does the mom still have the right to file charges on him for assault/battery?

2007-11-19 11:17:30 · 7 answers · asked by hopehome4 2 in Politics & Government Law & Ethics

7 answers

Individuals - even the victim herself or her parents, do NOT press charges. The State presses charges in criminal cases.

All an individual can do is make a complaint to the police. It's up to them whether to pass it to the DA, and it's up to the DA to prosecute or not.

If you know that she's lying about the assault, you should go and tell the cops what you know. They may decide that as long as she denies it they haven't got enough to file on him, but at least you've done your part. (And if several other people have made the same decision, that might be enough to do it.)

Richard

2007-11-19 11:35:34 · answer #1 · answered by rickinnocal 7 · 3 0

Mom can certainly go to the police and ask them to get a statement from the daughter, but if she lies and there's no evidence he did it, without a victim you have no crime.

No one but the district attorney can file charges anywhere. All any citizen can do is file a complaint, and let it be investigated.

One mom to another, I'd beat feet to the police and let them at least try to get the daughter to tell the truth. Next time he'll kill her.

2007-11-19 11:23:48 · answer #2 · answered by Anonymous · 2 0

Nope. Your niece has to be the one filing the charges. Doesn't matter that everyone knows who did it. If she isn't willing to press charges then there isn't anything anyone can do.

2007-11-19 11:22:56 · answer #3 · answered by Jen 4 · 1 0

Any person that refuses to file charges against someone that beat them deserves the beating they got.

Without a witness or cooperative victim it won't matter. Knowing and proving are two different things.

2007-11-19 11:21:12 · answer #4 · answered by davidmi711 7 · 2 1

My thoughts are yes because she is still a minor in the laws eye. However you need to have concrete proof and not just speculation. Either she has to come clean or someone had to have seen it,heard it and then seen the after effects soon there after.

2007-11-19 11:22:53 · answer #5 · answered by debbie f 5 · 1 0

Every state is different, but she might have needed to witness it in order to file charges. I know how frustrating it is.

2007-11-19 11:21:27 · answer #6 · answered by shermynewstart 7 · 1 0

the state can file.the hospital was suppoes to call. notify the da office

2007-11-19 11:51:59 · answer #7 · answered by charles t 4 · 2 0

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