Q: Can someone be charged with domestic violence after the fact?
My daughter told the school that my husband hit me. He has never been violent, but we do argue. CPS was called, and came to my home to do an interview. No police were involved, and no report was made on the night of the alleged incident. I have no marks on me. I told the CPS worker that I feel 100% safe, and don’t anticipate any safety issues or problems. This isn’t technically a CPS case, but does the worker have the power to get the police to arrest my husband, even with no evidence, and just a child’s statement, days after the fact. I’m in Michigan.
A: Anyone can make a complaint to the police, but a police officer's job is to initially determine whether probable cause exists to believe that someone is subject to arrest for a crime. Under the facts you indicate, it doesn't sound like the police could do very much here. IF CPS did contact the police (unlikely given what you told them and the fact that it doesn't sound like they are doing anything), the police may come out to talk with you to verify your story; but it doesn't sound like - unless more evidence surfaces - that an arrest is likely.
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