Can a closed case be re-opened if the matter was not investigated to begin with?

I have recently had a domestic violence abuse accusation made against me but nothing happened. I called the detective because no one investigated the matter but the detective in charge of the case told me that he (I think he said closed) the case because there were no visible marks of injury and the pursuant was non-desirous. If my ex ever becomes desirous, can this report ever be opened again without any evidence?

Asked on May 24, 2012 under Criminal Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

If a criminal case is considered closed internally by the police before any criminal warrants actually issue, then that case can be re-opened if new evidence presents itself to cause the police to further the investigation or submit the information to the prosecutor to determine if probable cause exists to issue a warrant. 

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