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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86626
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The neighbors called the cops on us since me & my husband were

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The neighbors called the cops on us since me & my husband were fighting and my husband broke the tv
He was really angry and neighbors suspected we were bashing each other up. But in reality we were yelling loudly and my husband was breaking things but no physical abuse. The cops came and spoke to each of us separately and left. No arrest made. Now does this mean all clear or will the Da press charges?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Now does this mean all clear or will the Da press charges?

Very likely, no charges would be forthcoming if the police did not ticket either party or arrest anyone. Allow me to explain how this works (very roughly):

1A) police officer arrests a person on suspicion of a criminal charge OR
1B) the police investigate a matter without any arrest/ticket;
2) The police gather evidence and present it to the DA, who then
3) Make a decision whether or not to file charges.

In domestic disturbance cases, the vast majority of the time, a party that would be charged would be arrested then and there. Because neither were, and the police acted as intermediaries to keep the peace and did not arrest, this is likely going to be written up as a simple disturbance and forgotten unless this continues happening (in which case, the police may then arrest someone).

So it is very likely that the DA is not going to pursue this unless it becomes an issue, escalates, and/or someone gets hurt or would be in danger of being hurt.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
Dear Ely,
Thank you for your advice. The cops checked my husband's ID, took down his SSN and phone number. They told him that he should go for yoga and meditation classes and learn to control his anger. To me the cop asked if he has ever been physically abusive and I replied no. They then asked him to take a walk to calm himself down and advised both of us to sleep in different rooms for the night to calm ourselves. I am just worried that what if this shows up on his background check for jobs etc in future? And if the DA wants to press charges, by when will we get to know?

Thank you very much!
Expert:  Ely replied 1 year ago.
Friend,

The cops checked my husband's ID, took down his SSN and phone number. They told him that he should go for yoga and meditation classes and learn to control his anger.

Wow. Sounds like a sincere officer. Most will simply pin you up against the wall (exaggerating, but barely).

To me the cop asked if he has ever been physically abusive and I replied no. They then asked him to take a walk to calm himself down and advised both of us to sleep in different rooms for the night to calm ourselves.

Sounds like they let you off with a soft warning! Excellent.

I am just worried that what if this shows up on his background check for jobs etc in future?

Not at all. Only an INDICTMENT (charge) and a CONVICTION would show up his background search. This matter will not ever reach the court. So no, it will not.

And if the DA wants to press charges, by when will we get to know?

They have a year to file the charge. However, it sounds very, very much like the police will not even pass this to the DA and simply forget about it as a warning.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86626
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Criminal Law Specialists are ready to help you

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