So I had a domestic violence case against my ex-wife. I left, pressed charges, but they didn’t arrest her due to lack of evidence. The investigator followed up with me and interviewed me. A few days later, they called to ask if they could speak to my 5-year-old son since I left the house with him. My wife pushed me while I was holding him, and my son said mommy was pulling him and his tummy hurt. They interviewed him separately, and he told the detectives that mommy was pushing daddy while I was trying to leave. It’s been three weeks since the interrogations, and I haven’t heard anything from the detective or anything else. What’s the process? My ex hasn’t gone in for questioning either. I’m going through a divorce now, fighting for custody, and CPS is involved. They gave me a safety plan that says my son should reside with me.
You can call the detective to ask about the status of the case. They should have updates. Three weeks isn’t too long, especially over the holidays.
Niko said:
You can call the detective to ask about the status of the case. They should have updates. Three weeks isn’t too long, especially over the holidays.
Yeah, they could still be working on the investigation or consulting with a prosecutor about charges. It can take time.
Since your son was there during the incident, there could be child endangerment charges. Just let them handle it and see what happens.
Logan said:
Since your son was there during the incident, there could be child endangerment charges. Just let them handle it and see what happens.
Right. It’s likely they are taking your son’s disclosures seriously since they match what you said.
In my state, they can’t force her to talk unless she’s arrested. Even then, she can choose not to speak. It can be tough in he said/she said situations.
Josephine said:
In my state, they can’t force her to talk unless she’s arrested. Even then, she can choose not to speak. It can be tough in he said/she said situations.
Exactly. Police write reports based on evidence, and sometimes you have to go to court to file for a protection order yourself.
@Zephyr
Yeah, and the judge would decide if a temporary order gets approved.
If CPS is involved and saying your son should be with you, that’s a big deal. Make sure you get all that documentation.
Amelia said:
If CPS is involved and saying your son should be with you, that’s a big deal. Make sure you get all that documentation.
Yes, keep everything documented. It can help your case in court.
You mentioned she texts you a lot about your son. Maybe set specific times to respond instead of all day. You don’t want to seem uncooperative.
Dale said:
You mentioned she texts you a lot about your son. Maybe set specific times to respond instead of all day. You don’t want to seem uncooperative.
That’s smart. Just make sure it doesn’t look like you’re cutting her out of your son’s life.
@Pax
Exactly, just find a balance that works for you both.