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.

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1 Lawyer Answer

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.

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