Legal Question in Criminal Law in California

I have an ex that is the father of my 2 children, we have been over for more than 3yrs and I have a girlfriend that I have had for 3yrs, he is contantly calling and texting me and will not leave me alone, 1 month ago he raped me but I did not report it because I was in shock, from this rape he has made me pregnant, I am going to have an abortion next week, he doesn't know that I am preagnant but it telling my family that I am because he thinks I will go back to him, I have denied it to my family because they do not support me because he is the father of my 2 children, my girlfriend is standing by me but it is making things difficult for us to have to deal with him all the time, he has threatend to kill her as well as me, I have had a restraining order on him before but he did not abide by it, what can I do to get rid of this problem, he has also choked me to unconciousness so I am affraid of him and think he will do something more


Asked on 10/11/09, 10:22 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Anyone with a restraining order merely has to call police when the order is violated. They are supposed to arrest the violator and file charges for you. If you don't enforce the restraining order at the time, that is your fault. You could still file rape charges, but the late filing will seriously impact your credibility and the willingness of the authorities to take action for you. Now, if he is continuing to threaten and harm you or yours, call the police and file charges.

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Answered on 10/11/09, 4:19 pm


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