My question involves criminal law for the state of: Arkansas
My husband and I had a huge argument that lasted a couple of days. Night before last things got violent and I ended up with bruises and marks up and down my back, neck and leg. I know this probably sounds stupid, but I did not call the cops on him. He has made several false reports about me to the local sheriff's office and I was told by them if they had to come out here one more time for any reason my children would be put in state care; or if he did not stop making false reports they would press charges on him. So I waited it out; tried to let things calm down and see what happened the next morning. Well, as soon as he woke up he started threatening to call the cops and the local dhs and make more false reports on me and have my children taken away. I found an opportunity to get me and our youngest child out of the house after the older two caught the school bus and I took it. I was on my way to try and file for a protection order, but stopped at the local gas station and he managed to get there faster than I could leave. He blocked my car in and I was forced to lock the doors and call the police.
All I wanted was them to get him to leave me alone and maybe help me get a protection order so I could have time, without his influence, to cool off and decide if I wanted to stay in the marriage or not. I had a protection order against my ex husband when I left so I knew I would have a few weeks before the court date to decide if I wanted it to go another 90days/longer or drop it. As soon as the police get there they noticed some very obvious marks on me and wanted me to fill out a complete report involving everything from the following night up until the point they show up at the gas station. I did exactly as they asked and figured by then end of it they would ask if I wanted to press charges on him or not. Well they never asked, they told me they were arresting him on domestic violence charges and filing for a no contact order. I called the jail later and found out the exact charge is domestic battery 3rd degree and he is scheduled to be released on bond first thing tomorrow morning.
Now on to my questions...
1) If me and my children pack up and go to my parents house (only 3 houses down) will he be able to stay at the residence that is listed on the no contact order? This is his home, in his name only, and I cannot afford to stay here anyway considering I am a stay at home mom. Also, he has no relatives in this state other than his teenage son from a previous marriage. So he literally has nowhere else to go.
2) If all I wanted was a protection order and did not want to press any charges against him can I have the current charges dropped?
3) If I cannot have the charges dropped will I be forced to testify against him in court on his trail date?
4) What would happen to me and my children if I refused to testify against him for charges I did not want to press against him?
5) How do I go about getting him visitation with our only child together until this whole thing is taken care of? Is that even possible? He never touched the kids...
6) If I cannot get the charges dropped, and he is convicted, will he be able to get the record expunged if he meets all the judges requirements?
7) Will he still be able to keep his CDL and work for a trucking company?
Like I said in the beginning...all I wanted was a cool off period where he couldn't contact me and I couldn't contact him. Now, he is facing criminal charges and I have 3 kids to worry about with no job or way to pay the bills if this will effect his employment/CDL possibilities. Any advice would be helpful at this point.