Do I need a lawyer present if I am not pressing charges against my husband for a meeting w/DA on Monday Morning am since incident occured Sat a 10am? Also can the DA turn around and charge me?
State/Country relating to question: Wisconsin
Can you provide more information, please?
My husband and I had a tussel over me taking his cell phone he got in his car and I jumped in, he drove to police department to file a restraining order against me. They took both of our statements and called our son that was witness. He said it wasn't how it happened. They arrested him and we have to meet with the DA on Monday 8:30am. Can I also get arrested or charged? I have left him threatening voicemails in anger. I dont want to press charges just end the marriage! Will he show up with one?
Could he take all 7 children from me as he says?
Should I be taking a lawyer with me?
Litigation attorney & adjunct legal professor
Sorry, I was offline momentarily. It is possible that you could get charged too. (Just because he was charged doesn't mean you won't or can't be). It is unlikely that you would be charged when you appear on Monday morning, however whatever you say CAN be used against you if they believe charges are appropriate. At this particular time, take his threats about the kids as just that - threats. He would have to first get the charges filed, then you'd have to be convicted AND the divorce judge would have to think that that crime means it negatively affects your ability to mother (i.e. the kids were present, could have been hurt, etc). Your threatening messages to him can also be used against you if he still has them and you are threatening to hurt him.
If you can find a lawyer to bring with you on Monday, you should probably do that.
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