QUESTION
If my husband commited domestic violence and broke my back in CA, but we now live in Co, can i sue him here, or have him prosecuted here?
Asked on Nov 16th, 2019 on Domestic Violence - Colorado
More details to this question:
It was 3 years ago, and I am now legally disabled. Do I have any recourse to sue him or have him prosectued for assault. I originally filed a report when this happened in CA, but we didn't know how badly i was injured at the time. I later discovered how bad it was, but the detectives never found that out. I could not get the detectives on the case to call me back about what happened, and they dropped the case. I had to have extensive back fusion surgery.
1 ANSWER
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Criminal cases normally must be prosecuted in the State and County where the incident occured. I understand it occured in California, so I do not see a way to prosecute him criminally in Colorado. Also, criminal charges have to be brought within a certain time period after the criminal event. I do not know the time limits under California law but in Colorado for most Misdemenaors the criminal charge has to be filed within 18 months of the event and for most felony charges it is within 3 years of the event.
As far as suing him in civil court to try to recover dollar damages, unless he committed some act invovled in this incident in Colorado, or if he lives in Colorado, or if he visited Colorado frequenetly (had some connection with Colorao), it is not likely a civil case could be brought in Colorado.
Answered on Nov 18th, 2019 at 8:38 AM