Hiram, GA asked in Domestic Violence for Alabama

Q: my ex pushed me at a custody drop off in front of my kids and I filed a police report in Alabama what will happen now?

We were at a drop off for summer visitation. He pushed me when I was trying to tell him about my child's summer work. Both kids were standing with me.

Related Topics:
1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Domestic Violence Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: What happens next depends on what you did, and what the police think about it. "Filing a police report" is not the same thing as 'filing criminal charges.' If you swore out a criminal complaint, then your husband will either be arrested or summoned into court. He will have to answer for whatever offense you charged him with. You will have to attend court as a witness...and you better show up or they might send the cops out looking for you. If you only filed a report with the police, then it will be up to the police officer to decide whether he has evidence to support a domestic violence charge of some sort. In Alabama a police officer usually cannot swear out charges for a misdemeanor unless the officer observed the conduct himself or herself. The rule is different for a misdemeanor. Police are authorized by statute to swear out these charges if they have sufficient cause. Now, as to what happens when you go to court...who knows. There are a gazillion possible ways the case could work out...way too many for me to explain them all here.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.