The attorney for Pilar Sanders wants the protective order against his client vacated, meanwhile Deion Sanders is now also charges with assault based on what happened at their Prosper home.
Former Dallas Cowboys star Deion Sanders was charged with misdemeanor assault in an alleged altercation with his wife one day after she was arrested in connection with the incident.
Prosper police said late Tuesday that further investigation led to citations against both Deion and Pilar Sanders.
Police said the charge against Deion does not warrant arrest. A police spokesman would not detail the allegations but told The Associated Press that simple assault could be as simple as touching or jerking from a grip. It carries a fine of up to $500.
There had been speculation that Deion may turn himself in to authorities Wednesday to face the charge, but if that happens it won't be for several days. Deion told NBC 5 Wednesday morning that he was in New York City for the NFL Draft, which begins Thursday.
Pilar was arrested Monday night on suspicion of assault family violence. Her husband said she and another woman attacked him in their home.
On Tuesday, Pilar and her criminal defense lawyer, Peter Schulte, vehemently denied the charges.
"I am innocent. I understand that I have very little chance at beating a Hall of Fame, two-sport man that everyone seems to love and adore. I'm a full-time mom, 100 percent for my children, and I just haven't been given a fair shake since any of this began. And far too often people are enamored by the glitz and glamor, and the yellow jacket and the star on the side of the helmet," Pilar said Tuesday. "But I will never give up. I will never give up fighting for my children and their protection, never."
A judge on Tuesday forbade Pilar from returning to the home she shares with her husband for the next 60 days. That evening, a caravan of cars pulled out of the Sanders’ sprawling estate in Prosper after spending hours loading up some of Pilar’s belongings.
After initially tweeting about the alleged assault Monday, Deion again took to Twitter on Tuesday night with an emotional video stating:
"Focus is a tremendous gift. I really believe it because you can see someone do so well. They're so persistent. They're so consistent. But just one moment they lose focus and it alters their destiny. Two divorces. Five football teams. I believe four baseball teams. Never lost focus."
Schulte said Prosper police discouraged Pilar from seeking a protective order against her husband Monday afternoon. Deion reported the alleged assault that evening.
Schulte said that there was not a confrontation between Deion and his wife and that they have witnesses who contradict Deion's claims.
Schulte said his client spent the night in jail because of a procedural aspect of the emergency protective order filed by Deion and said it was ironic that she was held because she tried to file a protective order earlier in the day.
"All I will tell you is that I believe the wrong person was arrested in this case," Schulte said. "My client is innocent of these charges. My client is absolutely telling the truth. Mr. Sanders is paid to be a celebrity. He's paid to tell stories and that's what we believe is happening here. There was an assault that occurred by Mr. Sanders against my client."
Schulte said Pilar sustained a broken thumb and a swollen lip Monday and was the only person injured.
Pilar Sanders' Attorneys Say Tweets May Have Violated Gag Order
Lawyers for Pilar said Tuesday that the tweets by Deion about Monday's altercation may have violated a gag order.
On Monday afternoon, Deion tweeted:
"Pray for me and my kids now! They just witnessed their mother and a friend jump me in my room. She's going to jail n i'm pressing charges!"
"It would appear to be. But we're under a gag order by Judge Wheless, so we can't comment on the existing case," said Larry Friedman, divorce lawyer for Pilar Sanders.
Deion also tweeted on Monday a photo of his children filling out police reports but later removed the post.
The Sanders' divorce file is under seal and a judge has placed both sides under a gag order.
However, Deion's attorney, Rick Robertson, said earlier Tuesday that he did not see the tweets as a violation of the gag order because the alleged attack was a separate issue.
"The assault action that occurred was a criminal action that also constitutes family violence," Robertson said. "Pilar Sanders was arrested for that and jailed."
Allegations of Assault Result in Pilar Sanders' Arrest
Pilar was booked into the Collin County Jail Monday night on suspicion of assault family violence after officers were called to the Sanders estate in Prosper shortly before 6 p.m.
"My kids, they are scared for their life," Deion told NBC 5 as he was leaving his house Monday evening. "They just saw two women jump their dad in his own house, in his room, in my room. It's sad."
"I got locks on my doors right now. Is somebody going to have to die? Is it going to be me before the court does something and get this woman out of my house? It's absurd," Deion said. "She tried to bite me when I was carrying her out of my room, but my son was pleading to her get out of the room and leave me alone."
After his initial tweet, Deion posted a picture on Twitter of him and his kids filling out police reports. That photo was later removed.
"She's got to go to jail," Deion said. "I hate it because it's my kids' mother, but it's not even the same person, and my sons witnessed this whole thing. They had to fill out the police report and tell the police what went down."
"I promise to God on my mama, I never touched her, never touched her," he said. "And I've got two witnesses -- a 10- and a 12-year-old that can attest to that."
Deion filed for a divorce in December 2011; Pilar countered with a $200 million lawsuit.
NBC 5's Ben Russell, Ellen Goldberg and Christina Miralla and The Associated Press contributed to this report.