Assualt and Battery Issues

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Assualt and Battery Issues

My friend has recently gotten charged with assalut and battery by strangulation and domestic abuse by his ex-girlfriend. She has been threatening me for the last six months by trying to fight me. She has even made threats against my life. She has also been stocking me to fight me, and has started one fight with me. I didn’t fight back, but defended myself. I want to know what I should do about this, and if I do file charges against her will it help my friends case.

Asked on April 27, 2009 under Criminal Law, Oklahoma

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to understand that these are two different cases.  You file charges (i.e., criminal battery) and seeking a temporary restraining order, may or may not help your friend's case.  It could help in terms of any affirmative defenses your friend may have, however, if your friend was assaulting her not in self defense but later (not when she attacked him), then it may not help your friend's case.

Talk to your own attorney about issues you have with this ex girlfriend and possibly inform your attorney about ramifications it could have on your friend's case.  Your lawyer is going to look out for you, not your friend, so understand if he or she tells you filing charges may help you but may not help your friend. 

If you do not have a lawyer, try www.attorneypages.com.


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