Legal Question in Civil Rights Law in Georgia

About 5 days ago my girlfriend's mom got into a conflict with my girlfriend and I, she walked down the dirt road and approached us with a belt and preceded to hit her and I with the belt numerous times, I called the police and they came out there and took photos of the welts and bruises on my girlfriend's and my body and they said they would charge her with simple assault and that they would call the next day for us to give a statement. Well I talked to my sister's husband, who is a sheriff officer for another county, he said that she should have been charged with assault and battery over simple assault due to the injuries I got during the incident. Well it's been 5 days and the police department has yet to contact me for me to give them a report nor have I received a police report of any kind, the officer said her mom would be in jail for a few days, but her mom was released the same day not a couple of hours after the incident. Is there any action I can take against the police department for not handling the case properly?


Asked on 8/07/13, 7:28 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Of course not. You don't have the authority to dictate how the police and criminal justice system does its job. Even if you did, what damages have you suffered from the way they handled it (which does not include the initial incident)? Have you contacted the police to get a copy of any report (i.e., what effort have you made)? The police may or may not have handled it differently, but that does not mean you have a legal claim. You can still certainly press them to pursue charges, if they are not doing so (do you know?).

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Answered on 8/08/13, 10:46 am


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