Can you press charges against someone a week later for assulting you?

UPDATED: Oct 1, 2022

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Can you press charges against someone a week later for assulting you?

There is a dv case open right now against
myself. I was arrested. But i have proof that
he assulted me and threatened to kill me. Can i
press charges against him even though my case
is still open? Or do i need to wait until the
case is dropped in court to press charges
against him? Or can i press charges at all?

Asked on January 9, 2019 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can press charges against him: there is no need to wait for the resolution of the case against you, and the fact that there is a case against you does not mean that you can't press charges against him. After all, 1) unless and until you are convicted or pled guilty, it has not been determined that you committed DV against him--the charges are just an accusation; and 2) depending on the exact facts & circumstances, it's possible you each committed a crime against the other--even if you did commit DV vs. him, that doesn't mean he did not also assault or threaten you (both things may be true).

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 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.

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