Second Degree Assault in Nebraska

I hope that someone can help me. I have been abused by my husband for years now..(verbally and physically) and although I told him that I would call the police the next time it happened, I never have. He became aggressive again about 10 days ago. It's always in a cycle. I know the signs, but there isn't anything that I can do to prevent it from happening. I grabbed a kitchen knife so that he wouldn't come near me to hurt me. When he went to the bathroom...I left the house. Meanwhile he called the police on me and told them that I was chasing him around the house with a knife and that I had left and had the knife with me in my car. About an hour later he called the police back and told them that he had found the knife in the dishwasher.
I called the police myself to explain what had occured but they said that they wanted me to come in and make a statement. They informed me that they were filing felony charges. The investigating officer had called my husband 2 days after this and wanted him to make a statement also. In return my husband typed up a letter and delivered it to the police dept. stating that he was not willing to give anyone a statement. We consulted with an Attorney, but he could not find any criminal record, no wants, no warrants. We assumed, that because the officers report was incomplete that nothing would come of this. Until tonight...the officer called and spoke with my husband. It's been ten days since 911 was called and police took a report.
The officer explained that he wanted my statement, and that he would arrest me when I came to the police dept. and if I didn't comply, that he would issue a warrant regardless within the following week. I'm so scared and have never been in trouble. Nebraska has no bail bondsmen...and retaining a lawyer is not a promise of a signature bond considering the charge. The officer told my husband that I could spend up to three days in jail before being arraigned. Doesn't the officer have a set time limit to file the charges?
If my husband was so in fear for his life...why wasn't there a restraining order issued, and why haven't they been to my home to arrest me? Why hasn't there been a warrant issued after ten days?
I'm so confused and so scared. Please help.

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Quoting shortstack37

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Doesn't the officer have a set time limit to file the charges?

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Depending on the severity of the charge, he could have a few years to file the charges with the court. I am not familiar with Nebraska statutes of limitiations, but I suspect that a ballpark of from three to five years is highly likely.

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If my husband was so in fear for his life...why wasn't there a restraining order issued,

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Because he did not request one.

Many victims don't request one - particularly in domestic violence cases.

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and why haven't they been to my home to arrest me?

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Because a warrant has not been issued for your arrest yet. They likely want to get some kind of a statement from you before they send the case to the prosecutor. It is the prosecutor who will then decide if they will seek an arrest warrant or not.

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Why hasn't there been a warrant issued after ten days?

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See above.

In my state, an arrest warrant could take months to issue. A particularly nasty case with an aggressive officer or prosecutor can get one issued in a few days in my county, but in larger counties it is not uncommon for serious felony warrants to take upwards of 30 days or more.

You really need to consult an attorney. You cold be facing serious charges of assault with a deadly weapon with a possible high end sentence of state prison time. However, it is likely they will go for Nebraska's version of brandishing a weapon or something lesser - particularly if your spouse is not cooperating.

Beyond this, you also need to think of a way to get out of this relationship now! If things are so bad that you have to draw a knife to protect yourself, you need to get out NOW! Contact a local shelter or domestic violence advocacy group today!

- Carl

I have decided not to give the investigating officer a statement. Could I possibly be in more trouble for failure to comply? Would that be a seperate charge? Isn't it within my rights to remain silent?
I will take your advice and consult an attorney as soon as possible. Also, I have contacted YWCA on the domestic abuse that is ocurring jin my marriage.
Thank You so much for your time.

It is certainly your right not to give a statement. But, they can still arrest and prosecute you.

- Carl