Domestic violence and court case?
My spouse was arrested and was in jail for 1 night (took out bail) for domestic violence and me and the child were given Emergency Protective Order for a week. There was also child abuse charge put against him as the physical abuse towards me happened in front of our toddler.
If I want to get another Restraining order (so that I can borrow some time), how does that impact him in the future?
Can I pull out the charges against him?
Can the arrest be taken out from his record?
Should I do that before the matter goes into court or just when the matter goes in court?
What can be done to clear up charges against him?
Excellent questions! To deal with the most common misunderstanding: you cannot just tell the District Attorney to drop charges. This is the most common issue in such cases. That leads to the next issue addressing some of your questions: the DA will review the police reports and maybe even the body worn camera to see if you and/or your husband made any statements that make filing the case easier instead of having to rely on you, for instance, for cooperation. Therefore, all of the rest of your questions should be answered in a confidential setting with a very good criminal defense lawyer whom you and your husband may decide to hire to defend him or not. Alternatively, if your husband gets a public defender then you can get a private lawyer to advise you because your husband's lawyer will have a conflict of interest and be unable to advise you in this case.
This answer is not legal advice and does not create an attorney-client relationship.
