Legal Question in Criminal Law in California

assault with no justice

I am a female wondering- if I was assaulted by my ex, and the police called a judge to get an emergency protective order, but the judge didn't grant it, what can I do? I have bruises and they took pictures and they aren't even going to arrest him. Is that legal? I thought they always had to arrest. I also have witnesses to the incident, and the officers spoke to them. This was on Sat. They said they didn't because we are in family court right now. True? Can I go to another judge for the order? Can I force them to arrest him? Can I make a new report to get this done? I really need it done because this man is violent and keeps getting away with it, like now because he knows judges, etc. Please give me some advice, because my family law lawyer is out of the country right now.


Asked on 11/09/04, 10:19 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: assault with no justice

The police can't be forced to make an arrest. Your best bet is probably to seek a restraining order, either through the court which is handling your divorce (if the case is still open) or in a separate civil proceeding.

You can also make a report directly to the D.A. and/or the City Attorney. They can prosecute your ex for the assault even if he was not arrested. Like the police, though, they will decide for themselves whether to take action and may decide not to go after him.

Good luck.

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Answered on 11/09/04, 2:38 pm


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