I need legal advice

My husband and I got into a physical altercation today. He took my phone and was trying to break it. I was trying to get it back and he shoved me into the closet. He went to the bedroom so I followed asking for my phone and he didn’t want to give it back. I told him if he didn’t give it back I’d be calling the police and he threw it out the window. I tried to get up and go get it and he pushed me on the bad hard many times. I began crying and screaming in frustration. He choked me and placed a pillow over my face so I couldn’t breath. I finally was able to get him off so I did hit him to get him off of me. When I did I ran outside and called the police. He quickly left. He don’t have a license to drive and the van is a work van for his boss he works under the table. The police took pictures and said if he comes back call and he will go to jail. He is saying he can come back because he’s on the lease and that we will both go to jail because he had a mark on his neck from me (when I was trying to get him off) . I have two kids I can’t go to jail. I do have a domestic violence from when I was 18 that is off my record but I know police could still see it. (The guy took my cell phone and wasn’t giving it back I was trying to leave him and hit him in the back of the head to get my phone back so I could leave) so he’s saying with that on my past I will go to jail. Can someone please help me here on if I’ll go to jail for this or if he can come back to the house I’m so scared. His ex told me he did the same stuff to her.