My husband and I had an argument one night and so I left home and comes back 3 times. The third time I cam back my husband...

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...left my kids Alone while sleeping in their bedroom. Because I was still upset I called police and reported my husband for neglect or abandonment of my kids.. The police came and asked me questions. I told police that I don't want to file a charge against my husband. But police said even if a don't file a charge it's gonna be the state against my husband. Now, we or my husband is under investigation. And I don't want my husband to be in jail or have any restrictions against my kids. We are doing fine and happy now. We need my husband to survive too. Pls help us so my husband won't go to jail or anything...

Attorney Answers

3
Daniel Mccammon ·
If the police find that there probable cause that a crime was occurred, then they are required by law to arrest someone. There is nothing that you can do to stop that process from happening. The police are there to protect the public. If you contacted the police, the result of this may very well be that they will arrest someone. It is not up to you to file charges either. That is solely in the District Attorney's hands. Again, there is little you can do to prevent an arrest or formal charges being filed against your husband. It is very difficult to predict what may or may not happen given your fact pattern here. It doesn't sound like he neglected your kids if he was sleeping in the same bedroom as your children? Seems like there is much more to this than what you have written in your question. Good luck to you. If there is domestic violence in your life, then please seek legal help.
0 upvotes
Maltaise Cini ·
The police have taken a statement from you. They may continue to investigate the matter or submit the paperwork based on the evidence they have to the District Attorney's Office. Ultimately it is the District Attorney's decision as to whether or not a crime has occurred and charges will be filed. You do not have a choice in whether or not charges will be filed.
0 upvotes
Adam Pearlman ·
It sounds like you are both involved in a dependency case although your question is not clear. I would want to know whether your husband is charged in a criminal case for criminal neglect or whether it is a dependency case. You need to contact an attorney in your area who practices this type of law.
0 upvotes

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