Can my wife press charges if the cops don’t write up a report or arrest me for anything during a domestic violence call?

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Can my wife press charges if the cops don’t write up a report or arrest me for anything during a domestic violence call?

My wife an I are going through a divorce. During the marriag there was physcial altercations on both sides but never reported to the police. The week before we started the divorce proceedings I showed up at the hotel she was staying at and knocked on her door which she opened and let me in. She proceeded to call 911 and the cops showed up. Mind you there was no physical altercation at this time and the cops questioned both of us and then sent me home. The cops provided no paperwork, no information about the situation, nor did they mention any report or charges being filed.

Asked on March 23, 2012 under Criminal Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though there were supposedly no written reports with respect to the incident that you are writing about with your wife by law enforcement that you know of, most likely there is some paperwork generated by dispatch at a minimum. Even if there are no reports concerning the alleged domestic violence matter that you have written about, your wife can still press charges against you if she wishes.

Whether or not the district attorney's office wishes to file a criminal action about the incident remains to be seen.


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