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in april 2009 my husband got his third(3rd) DWI, then in june…

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in april 2009 my husband...
in april 2009 my husband got his third(3rd) DWI, then in june of 2009 we had some friends over we were drinking, the friends left around 2:30 am my husband and i got into an argument, he hit,kicked and choked me. i told him was calling the police he said go ahead,he went to his gun cabinet,then left the house saying he would shoot the police. i locked the door and turned on the alarm, got my daughter and locked us in the bedroom. the next day i called the police they came to the house made out a report and took pictures, then called my husband on his cell phone and asked him about the incident, he said he didnt touch me someone else did it after he left the house. they asked him to come to the house, he said no because he didnt know if i had put a restaining order on him . the y never arrested him,he came home and begged me to dropped the charges because he was a felony because of the DWI, so a week or so later i dropped the charge. i need help he has my kids.
Submitted: 8 years ago.Category: Legal
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Answered in 9 minutes by:
6/18/2010
Lawyer: Roger, Attorney replied 8 years ago
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you dropped the charges for the June 2009 incident, you can't bring them back up now. They were dismissed.

 

However, any future incidents can be prosecuted. Also, you don't have to have a criminal charge against him to get custody of the children. You can file a petition for custody based on his prior actions, felony convictions, home environment, etc. The judge is required to do what is in the child's best interest. It appears that he is not a great choice for being the children's caregiver. You're going to have to convince the judge that the children are better off with you.

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