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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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).


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