Did not end how I expected it would

[Hcampbell2]

What is the name of your state (only U.S. law)? AZ

Friday afternoon my husband and I got into an argument, he ended up asking me to leave, I told him if I was leaving I was taking the kids. He then told me i could take one of the kids since we both have rights to the kids, i tell him no I am taking both of then if I leave. The baby started to cry so I began to bottlefeed him, some comments were made and my husband decides he wants me out now, he picks me up to bring me to the front door and I throw all my body weight to the ground and tell him to realease me, he does not and is still trying to get me to the door, so i ended up straching his arm trying to get him to release me, which he later did. I ended up calling the cops because he tried taking my kids and leaving. I was then arrested for straching his arm, is this fair? I am being charged with domestic violence and have a court date in january. Is it likely the case could be dismissed or it can be self-defense? My husband told them he did not want to press charges!

 

[JETX]

I was then arrested for straching his arm, is this fair?

Fair?? Fair is a place you go to ride the ferris wheel and Tilt-a-Whirl.

I am being charged with domestic violence and have a court date in january. Is it likely the case could be dismissed or it can be self-defense?

Unlikely that it will be dismissed since there is evidence of YOUR assault. As for 'self defense', your attorney can certainly try to present that as a defense.

My husband told them he did not want to press charges!

Not relevant. State law says that if the investigating officers have sufficient evidence that an assault occurred (scratches), they MUST arrest the aggressor.

 

[Hcampbell2]

so would it be best to just plead guilty and take the fine and counseling? Or is it likely I could recieve jail time? This is my first offense, I have never been in trouble with the police besides a speeding ticket. I did not do jail time in the first place the arresting officer took me to the courts right away and the judge just told me I have to come back for court! I was back home in an hour and half, not if any of this matters, I'm just scared I'm going to have to do time for my stupidity!

 

[Ohiogal]

so would it be best to just plead guilty and take the fine and counseling? Or is it likely I could recieve jail time? This is my first offense, I have never been in trouble with the police besides a speeding ticket. I did not do jail time in the first place the arresting officer took me to the courts right away and the judge just told me I have to come back for court! I was back home in an hour and half, not if any of this matters, I'm just scared I'm going to have to do time for my stupidity!

It could impact custody since you abused him in front of the children and that is what you would be pleading to. Is there a restraining order against you prohibiting contact with the alleged victim? If so and he is at home, you will end up in jail.

 

[Hcampbell2]

No there is no restraining order. I am living with the "victim" now and have been since after the arresting. The arresting police officer dropped me back off at our house after I saw the judge!

 

[Ohiogal]

No there is no restraining order. I am living with the "victim" now and have been since after the arresting. The arresting police officer dropped me back off at our house after I saw the judge!

If I were you, I would double check regarding the restraining order. You could be in contempt for living with the victim.

But you are going to have issues if you plead guilty becaues you would be pleading to domestic violence and the children were PRESENT. That complicates you receiving custody.

 

[Hcampbell2]

there is for sure no restraining order. Also we contacted a marriage counsler a week before the incident even happened, will it help in court that we will have attended marriage counseling for a total of 3 weeks before my court date and plan to continue?