Mugshot of Pilar Sanders. (credit: Collin County Sheriff's Office)

NORTH TEXAS (CBSDFW.COM) – Former Dallas Cowboy Deion Sanders has now been charged with Assault following an altercation at the family home. But unlike his wife, Pilar, Deion will not be spending any time in jail.

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Monday night Pilar Sanders was taken into custody and spent 12 hours behind bars for the same Class C Misdemeanor Simple Assault charge that Deion Sanders now faces, but his punishment consisted of a citation being issued.

“He actually has a choice to pay the fine or contest it in court,” explained Prosper police spokesman Celso Martinez. “So, it could be just as easy as writing a check and sending it in.”

The ticket carries a fine of up to $500.

According to authorities, when officers arrived at the Sanders home Deion had no visible injuries, but Pilar did.

“There was a split lip,” said Martinez. “Whether or not that occurred during the confrontation we’re still investigating.”

Pilar’s attorney, Peter Schulte, said the timing and choice of charges against Deion are suspect. “My client clearly suffered bodily injury. This would be much more severe than the Class C ticket that he was issued. He should have been at least charged with Class A misdemeanor assault, which would have been held responsible with the Collin County DA’s office.”

Prosper police say when the altercation occurred putting Sanders soon to be ex-wife behind bars made sense.

“The responding officer, based on his experience and his judgment, deemed it prudent for there to be a separation and detention,” Martinez said. “It’s a call that he has to make based on a variety of different factors that color the situation.”

So, did officers put the right person behind bars? Schulte says “No.”

“The procedures that the Prosper police went through on Monday night by taking my client to jail and then filing for an emergency protective order doesn’t add up, doesn’t make sense,” he said

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Police stand by the move saying, “We can’t second guess what the officer did, because we weren’t there on the scene. And we have to trust, based on his training and his judgment, that it was the right decision.”

Deion and Pilar Sanders are in the midst of a contentious divorce. Moments after the alleged assault former NFL and MLB star Sanders took to Twitter.

Sanders first tweet, that has since been deleted, read “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!”

Sanders also posted a Twitter photo of his two sons, ages 10 and 12, allegedly filling out a police report. That picture and the subsequent tweet “I’m sad my boys witnessed this mess but I warned the police department here that she was gone try n harm me and my boys,” have all been deleted.

During her arraignment Tuesday, Collin County magistrate Paul Raleeh issued an emergency protective order against Pilar Sanders. The order prohibits Mrs. Sanders from going to the couple’s Prosper house for the next 60 days. She’s also not allowed to threaten or harass any member of her family.

Pilar Sanders left the Collin County Jail accompanied by friends, family, and her lawyer. She said, “I’m a full time mom, I’m there for my child and just haven’t been given a fair shake. I will never give up fighting for my children.”

On Wednesday, Schulte filed a motion to allow Pilar to return to the couple’s home and have contact with her children.

Deion Sanders filed for divorce in December, but until this week he and his wife, along with their children, had been living in the same house.

The Sanders’ divorce filing has been sealed and both sides are under a gag order.

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