What to do if my ex-boyfriend was arrested on an assault to a family member causing bodily injury charge?

He has 2 prior assaults on me and quite a background as it is. The original DA who took the case said they had plenty against him to make a good case. She has since quit and a new DA has taken over the case. Turns out, the new DA knows my ex’s boss and the boss had her to drop the case completely, saying there was not enough evidence. Even though for the past 2 months there was more than enough evidence. What can I do about this? Can the case be re-opened if they find her to be at fault for closing it?

Asked on September 3, 2012 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When you refer to DA, you probably mean an ADA-- an assistant to the District Attorney.  If a new ADA is on your case, then you can always ask to visit with the DA and ask him/her re-review your case to see if there is something that you or you and the DA's office can work on together to provide for your safety.  Just because a case is dismissed, it does not mean the case is gone forever.  If it was dismissed without prejudice, then it can be refiled at anytime as long as the statute of limitations has not run.  A misdemeanor has a two year statute of limitations.  If he has assaulted you multiple times over the last few months, then it could be elevated to a felony for continuous assault family violence, which would carry a three year statute of limitations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.