Legal Question in Criminal Law in Ohio

My brother and I were arguing yesterday and he assaulted me. I phoned out local PD and they said they would come and make a report, Myself as well as my brother and dad were all sitting downstairs and would have heard someone at the door, the cops never showed, after about an hour we all dispersed and I went upstairs where my cellphone is and I had a voicemail that I should let the PD in, I went downstairs and no one was there, so after a few minutes I called the PD back and they said an officer was here but no one answered, I at this point started to worry that due to my living situation(my brother and I live with our parents currently) if my brother got arrested that my mom would blame me kick me out and I would be homeless, as well my brother is going thru a divorce right now and I didn't want this to cause him some custody type issues with his daughter, so I told them that we were ok and forget sending someone out, she said they would document the assault. Overnight the fact they didn't send someone out is bothering me, My niece got assaulted by her boyfriend about a year and a half ago and if something similar happend in the future I would hate to see the fact the police seemingly made no effort to do anything with the first call. I live in Ohio so are the cops required to come out in person in a case like this and although again I don't want my brother to get in trouble,could I sue them for something like this?

Asked on 7/22/11, 12:54 am

1 Answer from Attorneys

Timothy Hess T. Hess & Associates, LLC

Your story is conflicting and doesn't make much sense.

--You don't want your brother to get in trouble but you called the police on him.

-- You say the police did not show but that there was a call from dispatch to answer the door.

--Overnight, they did not send someone out and that is bothering you, but you don't want your brother to get in trouble.

It sounds like the police did there job by coming out AND documenting the assault and the call. If you really want something done, call the police again, or better yet, go to the police station and file a report. Realize that your brother will likely be charged with either assault or domestic violence.

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Answered on 7/28/11, 11:43 am

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