QUESTION

What is the time limit to press charges after altercation?

Asked on Feb 14th, 2013 on Criminal Law - Louisiana
More details to this question:
My teenage daughter who is 15 years old was being extremely sassy and aggressive towards me her mother. My live-in boyfriend who has been living with us for 2 years got involved and aggressively picked her up to carry her out of our room and slammed her pretty hard on the tile floor which scared both her and me as it injured her and put fear in her. This happened about 2 weeks ago. We took pictures of a large bruise the size of a softball she sustained in the altercation. He has had extreme mood swings from that day and even has left for several days not coming home so I am not sure that the altercation caused the mood swings or if the new mood swings caused the aggression during the altercation. He has since moved by his own choice and has taken most of his belongings but still has some large items here which is why he refuses to give my key back. I am afraid he might just show up unannounced but he refuses to give me a time he will come get his stuff. He is on probation for a DUI where was aggressive towards me when arrested. My daughter wanted to press charges and I told her to make the phone call and I will support that decision but she never did as we were both afraid too. I am not sure I did the right thing by letting this go especially now that he has a key to our house and is being very shady in his personality as I don't want anything to happen to her. Is it too late to contact the authorities or is this the type of situation where him moving out is good enough but I still have his property and I want the exchange to happen when my daughter is not in the house. I guess I am not sure what the best thing to do here is as I want to protect her and do right by her. Is this something I should press charges or is that looking like I am seeking revenge since we broke up after the fact and he moved out?
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3 ANSWERS

Michael J. Breczinski
Just make the report and let the police decide what to do.
Answered on Feb 21st, 2013 at 2:46 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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The statute of limitations would be six years from the date of the offense. If you wish to pursue the matter you need to contact the police as soon as possible. Calling the police as soon as possible after an event happens is always best as now it becomes more difficult to prove when the injuries suffered, if any, occurred as well as some of the other reasons you mentioned, e.g. revenge. However, it can't hurt to contact the police and if they believe there is a case, they will contact the prosecutor who will decide if any charges need to be pressed.
Answered on Feb 19th, 2013 at 6:55 PM

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Criminal Defense Attorney serving Covington, LA at Law Office of Ernest J. Bauer Jr.
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You can still call the police. If you are scared, you can file for a restraining order (call the District Attorney's office for assistance ). You can call his probation officer and let them know what is going on.
Answered on Feb 18th, 2013 at 11:38 PM

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