Legal Question in Family Law in California

California does not have a fault divorce. She can ask the DA anything, but it sounds like the DA has already made a decision. Since you were not charged, however, you do not have the protections of double jeopardy. So if you get arrested again within the statute of limitations, the DA could theoreticaly reopen the present case too. They tend to do that most often when the new charges are similar to the old ones.