After being assaulted and injured by a hateful family member in Huntington, WV, on July 22, 2011, I called the police the next day. I coudln't call 911 or the police the day it happened because I was in so much shock, hurt, and pain. The police officer who arrived told me he couldn't do anything, and told me to file a domestic violence petition before he can investigate the crime. I couldn't go to the courthouse because I didn't have a car to get there. My parents wouldn't help me either. I am a student at a university in Columbia, MO, and I have been here since August. Because I am in school now, I have been calling the police by phone to report the crime. The police refused to make a crime report because, as they told me, I took too long to report it. What do I do now?
Police departments have a lot of discretion in their decisions as to what crimes to investigate. The law recognizes that resources are finite and priorities must be established, and that not every reported crime merits the resources of a full follow-up investigation.That said, the police department should not (and ordinarily does not) refuse to take a report that, on its face, describes conduct that may constitute a criminal act. It may be that the department is balking because you are attempting to accomplish this report by telephone. You can try to work your way up the chain of command with a demand that a report be taken (remember, that demand is distinct from any demand that the crime be investigated), or you may want to make a thorough written statement, setting forth all of the facts (and only the facts) that you can send to the department by fax and registered mail.
If neither of those efforts is successful, then you will need to contact a local attorney to intercede with the department. I assume that you have a specific reason for feeling that an official report of this incident is necessary, but be sure in pressing for the taking of a report you have a clear understanding that it will not obligate the police to make any investigation or take any enforcement action.
Generally, a person can not force the police to investigate a particular incident or a prosecutor to file charges in a particular matter. So, you should contact an attorney in West Virginia without delay to discuss what your options may be. Time is always important in legal matters and the more you delay, the fewer options you may have. A civil claim for damages for your injuries and a restraining order to prevent future injuries are reasonable goals in such a case but there is a limited amount of time in which one can assert such claims.
Since you are a student at MU and may have limited resources to hire a private attorney, you might wish to contact legal aid to see if you qualify for their services. You might also walk over to the law school and ask if they sponsor any legal clinics where you could sit down with a person (perhaps a law student) close by to discuss your situation. A legal clinic may or may not be able to represent you, but they may be able to flush out important facts you may have omitted from your question and point you in the right direction. You shouldn't expect anyone at the law school to represent you though and you best choice is to hire a private attorney in West Virgina.
Good luck
Good luck
