My girlfriend is trying to get her son back from the father who currently has the kid. They lived together and the father and his mother got my girlfriend falsly arrested for family violence. She has marks from him, he doesn't, and the knife was never found. Anyways, there's that case, and a couple different cases for CPS in 2 counties with them. She called the AG and she is still listed as Primary Custodian. He keeps giving my girlfriend the runaround when she calls, makes up various things, sends lewd pictures via cell, basically emotionally hurting her. If I filed charges against him for apporaching me with a knife 1-2 years ago (with 3 witnesses), will this help or hurt any? And can I even go back that far for a charge?
Criminal Defense Attorney
You cannot file any charges; you can only make a report (or report what you know to the prosecuting attorney). Given that you seemingly have a motive, it is unlikely they will accept charges on your complaint.
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Family Law Attorney
Was there ever a custody order done on the child? If so, she can enforce the Order to get the child back from him. She should talk with a good family law attorney to see what her options are. She should also have a good criminal attorney for the charges against her. Your attempting to file charges under the circumstances you outlined will not help. Tell her not to plead guilty. A finding of family violence will kill her changes at primary custody.
Have her call my office for a free consultation.
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