My question involves criminal law for the state of: California
Last week my husband was behaving very much unlike himself. He is now being charged with misdemeanor domestic battery, his first ever legal trouble. He is a stay at home dad and I work full time.I am pregnant with our 3rd child, and the arraignment is scheduled for May 18th- 2 weeks before the baby is due. I intend to stay with him and am so upset to learn how serious this could be for our family even with me not wanting to cooperate any more with prosecution aft e the initial complaint.
We got into a bit of a disagreement and I wanted him to leave me alone. He yelled at me. He tried to make me hug him and I pushed him away. He opened his mouth when I put my hand up to get him to stop talking sort of like a bite, but with no injury. He also put his arms around me and sort of flopped/pulled me onto the bed. I thought he was drunk.
I tried to walk away with the kids back to his mom's house not far away, but he followed me. I then went home and tried to call the police, thinking that they would just make him leave or make him stay there while the kids and I left. He was reaching for the phone asking me not to call and the phone fell on the floor and broke. I then went to a neighbor's house because he wouldn't follow me there.
When I left the neighbor's place a police officer was waiting. I told the officer just what I said above, including that I thought he had had a whole six pack of beer or more. He told the officer that is was just 3, and I had only seen him drink 1. Later I saw only 3 empty beer bottles, so I believe him. I emphasized that I was not injured at all. I said he broke the phone, but I'm reality it's more like I dropped it. He said that he did not bite my hand and that we pushed each other. He actually had a few scratch marks on his arm, but he didn't show the officer. He was arrested and spent a few hours in jail before his parents helped me bail him out.
I haven't spoken to the DA yet, but they are supposed to contact me. I work in the courthouse, though, and they know that so I'm sure they will be in contact. I have read enough to know that it's almost impossible that the DA will drop the charges just because I want to. Is it worth it to ask, or will it make me look even more like a desperate, abused wife?
I contacted a defense attorney to consult with for free later this week hopefully for a little bit of advice, but my husband will probably have to use a public defender. This is all very close to my due date and I am especially worried that they will issue a protective order making it so he can't be with me during our new child's birth. How likely is that? How could we prevent that? If he is found guilty it is my understanding that jail time is very unlikely, is that correct?
We are already paying off his parents and the rest of the bond, so any fine would hurt us too. We could live with a fine or counseling or anything that doesn't tear us apart, though. We are a happy family.

