will domestic violence charge stick in a case like my brother’s where the girlfriend did not call but he gets arrested for her 4 day-old bruises ?

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will domestic violence charge stick in a case like my brother’s where the girlfriend did not call but he gets arrested for her 4 day-old bruises ?

Asked on June 6, 2009 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Police are under a duty to investigate.  Pending the results of that investigation either the charges will be dropped or the prosecutor's office will move forward on the charges.  The fact that the bruises were four days old may or may not factor in to this.  Possibly the girlfriend was somehow intimidated by your brother which accounts for her not reporting the incident earlier herself;  perhaps not.  The investigation will hopefully sort all of this out.

What your brother needs to do now is consult with a criminal attorney.  Domestic violence charges are taken quite seriously, as they should be.


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