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Question
I was a victim of date rape. The D.A.'s office declined to prosecute my attacker at this time due to lack of evidence. I went to civil court and was granted a DV Protective Order. It's a consent order and both of us signed it under oath. In it, he admits to the lesser crime of sexual battery. Is is possible to use civil judgements to file criminal charges? Is that enough to press/refile charges? Who would I see about making that happen? The state is North Carolina.

Answer
Donna,

All I can go by is the law in my state.  In my state any civil judgement cannot be used as probable cause in a criminal trial.  But you never know what is going to happen in North Carolina.

Go back to the prosecutor who declined to prosecute.  He/she would be the one to decide.

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Jack Toomey

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If you are an author asking for help I will gladly assist you. I do expect a reasonable donation using the Paypal feature. Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. 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".

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Bachelor of Science degree in Criminolgy from the University of Maryland.

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