Domestic Violence

questions & answers

Question: In Sept. of 2014 my boyfriend pushed me down the stairs in our house and was arrested. Six months later Jan. 16, 2015 he punched me several times in the face breaking my nose and causing me to get 7 stitches above my left eye. He choked me and then forced me to sit in a chair while he threatened me. He fled before HPD arrived and was arrested in March for felony battery and coercion. I did not testify and charges were dropped. On Feb. 8th, 2017 he was arrested for DV. Can the prior charges get brought back in the new case even if he wasn't convicted?

Answer: Generally, if charges are dropped and no action has been taken by the court the charges me be refiled at a later time as long as the time period to file, statute of limitations, hasn't been exceeded.

QUESTIONS

  • In Sept. of 2014 my boyfriend pushed me down the stairs in our house and was arrested. Six months later Jan. 16, 2015 he punched me several times in the face breaking my nose and causing me to get 7 stitches above my left eye. He choked me and then forced me to sit in a chair while he threatened me. He fled before HPD arrived and was arrested in March for felony battery and coercion. I did not testify and charges were dropped. On Feb. 8th, 2017 he was arrested for DV. Can the prior charges get brought back in the new case even if he wasn't convicted?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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