The story is really long. 4 years too long actually. But I was in an abusive relationship with my child’s father. I never pressed charges or filed a report regarding the abuse, I only filed a Protection from abuse order with my local court (Pennsylvania). The statute of limitations is not up on the incidents that I would be filing a report about but it was about 2 years ago. I’ve had an active PFA since I finally decided enough was enough but now the pfa has expired. I’m wanting to file the report and hopefully press charges but I’m worried it could affect my custody case if no conviction is made. I wouldn’t say I have a lack of evidence, I do have a couple photos of myself shortly after incidents with visible injuries. But I don’t have any evidence that the attacks were sexual other than the documentation associated with the pfa. This includes my original claims, my testimony (to which his lawyer did not object) and his agreement to said pfa.
A separate but related (only by defendant) report I have recently filed was because my (4yo) child was left unsupervised with access to explicit material. They watched their father’s home made sex tape while left alone, no charges were filed by the local police and general protection services said the incident was “elikely accidental”.
That being said I’m worried that filing these two things within 2 months of eachother could make it look bad in custody court and or criminal court if that’s pursued.
The reality is that my safety net of a pfa is now expired and I am terrified he’s going to come back with a vengeance.
I guess my questions are as follows:
How strong is my evidence? Is sworn testimony and a previously granted pfa enough to warrant pressing charges? Does the defendant not objecting to the claim in court carry any weight?
Could this impact my custody case and how?
Is the timing of this damning to me in court? Ie looking suspicious or illegitimate?
Thanks in advance, sorry for how long it is.