Who gets in trouble for spousal abuse/domestic violence?

Question

My husband and I got in an argument and I had the car keys and he told me to give them to him and I refused. He then came at me and tried to physically take them from me. He hit me in the face with one hand and tried to get the keys out with the other, so I bit his hand trying to get him off of me. I ran down the hall and started down the stairs but he caught up to me and pushed me down the bottom half of the stairs where I sliced my foot open on the railing. I have bruises on my body from falling on the stairs and on my arms from him grabbing me, as well as on my face from him hitting me. He probably has a mark on his hand from me biting him and maybe some bruises from me trying to get him off me. I thought about calling the police, but wondered if they would take us both to jail since I bit him. He also said that it was illegal for me to keep the keys from him. Is that true? If it is, does it make it okay for him to physically try to take them from me? Any help would be great. Thanks

Also, what will happen to him if I do call the police? Will they arrest him at work? How long will he have to stay in jail? Will we have to go to court? What will happen to me after? Will this help or hurt me in a divorce?

I have taken pictures of my injuries in case I decide to file charges. I have found out that I have 28 days to file charges on him.

As for the keys, I was trying to get away so I could take the car, but he chased me every time I tried to get away.

Answer 1

the police would probably talk with both of you and decide from there. In my own experience if you were acting out of self defense, you wont be in trouble.

If you call the police as its happening, they will come ASAP and discuss with both of you. They will at that point decide if an arrest will be made or not. Then it will go to court after that. IN most states there is a temp restraining order you can file until the court date and then you go from there.

Answer 2

Normally they will take both people to the police station. You need to get out of this marriage. There is NEVER a good reason for a man to hit his wife, or girlfriend. It may have been petty for you not to give him the keys, but not worth getting hit over. It sounds like he has some anger issues and needs some professional help. Once an abuser always an abuser. He did it once and if you don't call the police he will do it again because he will think he is getting away with it.

Answer 3

It may be illegal for you to keep the keys from him (if your name isn't on the title to the car, it is unless the car is deemed marital property). However, that does not justify his violent actions in the eyes of the law, either civilly or criminally. It is likely that if you called the police you would both be arrested and possibly charged with domestic assault. The judge would have to sort it out. However, if the facts are as you state them, you would be likely to win and your husband to lose. I suggest you call the cops next time and document the assault and battery. As it stands now, you're a little too late if you had no witnesses and no documentation of at least the injuries.

Answer 4

during the actual fight, you both would have gone. You can go and file charges on him if you wish. First come first serve usually. The key's....Community property! Good luck. Yaw get some counseling or work it out! To answer the last part of your question, you can get a protective order, but get it from the court not an attorney (ex parte). The attorney protective order is civil only, if it comes from the court it's in criminal court if violated. That is of course you file charges against him!

Answer 5

well in a way he is sort of right,, because when cops are called by neighbors and they show up and if there is reason to think that he was trying to leave a stressful situation and you prevented him that will be domestic violence even though he hit you and pushed you..the cops usually advise people who are fighting for one of them to leave to defuse the situation and also so they don't have to babysit you while you try to decide. in the opinion of the law one has to stay in the house while one leaves so the person leaving will need the car. he will most likey be in trouble more since he did the most damage but you will be too for biting him-have to think about that.
Yes it will hurt the both of you in every way that you fear, so next time (if there is a next time) just let him leave it is much harder to go through the court system than to wonder where he's gone,- will most likely be with friends or just go driving and come back.

Answer 6

Do you still have the keys? If so, USE THEM TO GET AS FAR AWAY FROM HIM AS POSSIBLE. Unless of course, they are his keys to his car. I don't know what state you live in, but since the infamous State of California -vs- O.J. Simpson case, several states have domestic dispute laws where both parties are arrested and spend at least one night in lock-up on domestic dispute charges.

If this kind of thing occurs on a regular basis, you need to seek help and get away from this man.

Answer 7

Call the police and give them this story and to me your were acting in self defense, and he went overborad in his abuse of you, the vehicle is both of yours property, an dif he was drunk, you were actually looking out for his welfare, but you can still file and sitck to it, because once an abuser, always an abuser. And if he goes to jail, leave him there, let someone else bond him out and get a protective/restraining order for your safety.

Answer 8

You should of called the police..he would of been arrested since he was the primary aggressor..all the fighting you did back was in self defense so you wouldnt be arrested..he would be arrested for felony charges most likely..

Answer 9

confident that's abuse and that i may be arranged for extra of it to ensue in case you do no longer take action now. My ex used to do stupid stuff like that if we've been arguing in the automobile. I not at all have been given a firecracker next to the ear, yet he might yell rapidly in my ear. Then i began out getting issues thrown at me. the terrific straw replaced into while he threatened to kill me, and that i knew we had weapons in the homestead. have faith me, you are able to desire to take action now, previously issues worsen.