Police have discretion in determining whether they believe there exists probable cause that a crime has been committed. Obviously the cop didnt believe there was probable cause to arrest your ex at this point. Document all incidences and you're certainly free to call the police whenever you want. You should decide what your goal in all this is: full custody of your kids; a criminal conviction against
your ex; an ongoing an escalating dispute involving law enforcement; your safety; and or "justice"? Depending on your goal(s) your strategy may be different. It may be best to attempt to avoid any and all contact with your ex (inside or outside court). Good luck
For a Free Consultation Call: 408.313.5607
The answer to your question is yes, police certainly can change their mind. Whether you want to press charges (or do not) or have someone arrested is not binding upon a police officer. As prior counsel explained, police are entitled to use their discretion or judgment in deciding how to proceed. They may not found the situation as bad as you perceived it. They may have decided it was a "he said, she said" situation and therefore, a judge would not have been able to decide what to do. Without reading the restraining order you refer to, it is hard for me to find the police made a mistake. They certainly may have. You may want to speak with the DA's office if you believe the police are biased against you.