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

Answers:

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.


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