Legal Question in Criminal Law in California

ex files dv charges against me months after she is convicted of same

Two months ago my ex, who was staying with me, broke my apartment window and then started whipping me with a large dog leash, drawing blood. She had just gotten out of mental hospital on a 2 week hold for a suicide attempt she made while living away. She has a history of 4 hospitalizations and other attempts for suicide in the last 4 years. She has been diagnosed with major depressive disorder, bipolar disorder. A neighbor called the police. She was arrested and went to jail. I hired a lawyer and he had the charges reduced to disturbing the peace with 52 weeks anger mgt and a 3 year RO from contacting me. She moved away and started another job. She has been calling me yelling and screaming. I moved and I will not tell her where. She says she is having some kidney problems and is blaming me and telling me that she is filing charges against me and saying that I kicked her. She hurt her kidney before the incident, probably falling, but seemed to be better. I am recieving sue/prosecute threats from her sister who always believes everything she says. At this point what should I be doing, do you think the DA or police will take this seriously, what should i expect?


Asked on 8/16/06, 5:17 pm

2 Answers from Attorneys
Rabin Nabizadeh Crime Attorneys Inc.

Re: ex files dv charges against me months after she is convicted of same

Prosecutors can be funny when it comes to DV cases. If they believe your ex, they may pursue a conviction. Judging by the accusations, they may charge you with an offense far more serious than domestic violence. I can assure you that if your ex contacts the police, they will contact you in an effort to get an incriminating statement to supplement any evidence (including her statement) they think they already have.

It may be wise to retain an attorney for any pre-file contact with the Police Department and any additional investigation that will make charges less likely.

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Answered on 8/18/06, 1:00 pm
Terry A. Nelson Nelson & Lawless

Re: ex files dv charges against me months after she is convicted of same

YOU hired a lawyer for her?! No wonder the PD and DA doubt your sincerity. Cut the cord -- file and pursue criminal charges and permanent RO against her, and have no further contact. Make it clear to the DA that you intend to file charges EVERY time she contacts you. It's up to you and your lawyer to convince her to leave you alone.

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Answered on 8/17/06, 1:22 pm


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