Q: Domestic Violence an child abuse as retaliation to a child custody case.
So my ex claimed I hit her, she called the police, the police came to the residence and took me to the station for approximately 4 hours. I was released and told by the officer that the prosecuter has declined charges and the case was closed. In the next few days, we broke up after she found out i started a child custody complaint. She refused service and about 2 weeks later me and my attorney were able to get alternate service and a motion hearing date. About a week after she was served via certified mail, I get a letter in the mail stating that domestic violence and child abuse charges have been authorized and there is a warrant for my arrest. I never touched her that night let alone abuse her or my child. We did get into an argument and I told police that. Is it acceptable to retaliate to a child custody case by filing domestic violence and child abuse charges? And my defense to the argument in the first place is because she yanked our child out of my arms and made him cry.
A: You need an experienced criminal defense attorney now. The prosecutors determined there is enough for a warrant. An attorney will be able to discuss the details of the case and sequence of events with the prosecutor, and attempt to get the case dismissed.
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