Criminal Law/simple assault

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Expert: - 5/6/2008


Question
well, as bad as this sounds, my boyfriend and i (who live together) got into a heated argument which turned physical.  I received a cut/slash on my lower back from being pushed onto a broken piece of glass. so i filed for a temporary restraining order, and got it the same night. Now, he was arrested and charged with simple assault. I then received a subpoena to testify form. We have now worked things out and are starting counseling to make things work. How can we get threw this without me having to testify and make things worse??

Answer
Lisa,

   I agree that it does sound bad.  This answer is not done to make you feel bad but the criminal justice system is not like a water faucet that can be turned on and off.  Once you make a complaint, an arrest is made, and especially when you obtain a restaining order, the criminal justice system expects the complaintant (you) to follow through with the process. You know that this is going to happen again.  When it does your complaint might not be taken quite as seriously.

   However you should be dealing with the prosecutors office.  I don't know how long ago this incident was but if it was awhile ago they should have been in contact with you about your proposed testimony at the trial.  If they haven't been in touch with you then you should be talking to them about your current feelings.  I don't think that they will be thrilled about it but I guarantee that they have heard this story over and over.  They have also dealt with women who thought that their husbands and boy friends had changed and then the woman ended up battered, seriously injured, or dead.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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