possible assault charge

[cjkapes]

What is the name of your state? Pennsylvania

I have not yet been charged with any crime, but I feel it is inevitable. Allow me to provide a little background information.

My ex girlfriend still lives in my home while she is trying to find another place to live. Also living here at the moment are her two sons, 34 and 18. About a month ago, I went use my wireless earpods and found the case - empty. There is only one person with the same type of phone as me in this house, her 18 year old son, so there is only one place they could've gone. I approached him furious - this kind of thing has been happening forever. Of course, he starts screaming at me telling me he didn't take them which made me more angry. We had a shouting match for several minutes. He kept begging me to hit him - I said I am not nearly that stupid. I kept telling him to get out of my house and he refused. Finally I went to leave a found a stack of plates with half eaten, half rotten food on them. There had to be 15 plates and it looked like they were sitting there for a month or more - another long time issue. I swiped the stack of plates on the floor and told him, now clean this sh*t up! He grabbed an object and threatened to stab me in the throat several times. I got out of there and called the police.

The cop showed up and sided with him and said I assaulted him by throwing the plates. He did nothing at all about him threatening my life. The first thing out of the kids mouth was "I want to press charges". The cop did me some justice and told him, I can arrest him today, but when he comes back there is nothing stopping him from going to the magistrate and he can have you evicted in 10 days. In the end, I agreed not to throw him out if he didn't press charges and the cop left.

What has me worried is, he has a two year statue of limitations to press charges. I am sure they will have found a place to live in the next few months. I feel very strongly that as soon as they are gone, I will get a summons in the mail. I am inquiring if there is anything I should do to prepare or if there is anything I can do to prevent any of this from happening and/or escalating? Also is it the cop's discretion whether or not to allow this if a significant amount of time has passed?

 

[adjusterjack]

Any assault charge at any time will be BS but if you are afraid of it, they have you by balls and this hostility will never stop. And don't count on them leaving any time soon.

I suggest you file for a restraining order against the 18 year old due to potential violence and get him out of the house. And file for eviction against all three as soon as legally possible. Best to talk to a lawyer about that.

Do it fast. If they get to the courthouse first for a restraining order against you, you'll be put out of your own house with the clothes on your back and a toothbrush

If the police ever come to you about the incident you say nothing and invoke your right to an attorney.

Google "Don't Talk to the Police - James Duane." Watch the video.

 

[commentator]

It is my bet that the ex girlfriend is still er....paying her rent, so to speak, so this OP doesn't want to do the smarter thing and evict the whole tribe of them. Therefore he will probably not take the excellent advice above and move first to file charges. So he will just have to worry and be taken advantage of until he gets either killed by someone in this mess or does get dumped and moved out on, but then would also bet money that this younger fellow doesn't press any charges unless there is the possiblity of a pay off. This OP does not need to worry about what they will do later, he is actively being screwed around with right now, and the sooner all of them are gone, the better. Who ever heard of letting a 34 year old and an 18 year old continue to live with you when the girlfriend is an "ex" eating your food, using your utilities, etc. Dumb de dumb. Evict legally and right now. They are bluffing while they are continuing to steal from you.

 

[Zigner]

Can a private citizen file criminal charges in Pennsylvania?

If yes, then I doubt it's a very good idea, considering the OP appears to be the (physical) aggressor in a mutual combat situation. The other guy can simply say he was trying to get the crazy guy to step back (self-defense).