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Am I going to be charged with assault?

Am I going to be charged with assault? Topic: Charging case stopped working
June 20, 2019 / By Willa
Question: Yesterday, my husband and I got into an argument and I wanted to leave the apartment to cool off and he would not let me. He stood between the door and me and physically stopped me from getting out. I got really scared and sprayed him with a bottle of green works which has no chemicals about a meter away from him. After this happened, he got very angry and grabbed me by the arms and threw me on the couch with my violin on my back. I started crying and yelling at him to please let me out and he wouldn't let me still so I kicked him and then he moved to the side and I was able to get out. What is the most ridiculous is that HE went to the police about it, he gave them no specific information and then when he came home later he told me he was going to press charges against me for assault, that a policeman had told him he was justified in trowing me in the couch and in stopping me from leaving. I told him that if he did that, then I would have to press charges against him for stopping me from leaving our own apartment, and for earlier in the morning having threatened me with trowing me out on the street. Regardless, he called the police, the officers heard both sides of our story and ended up charging him with battery domestic violence. He is going to get a lawyer to get out of the charges because he wants to pursue a career in the Air Force and I'm really scared that the lawyer will make it so that I seem to be the guilty one or the abusive one and end up having the judge press charges against ME. I'm so worried, I'm from a foreign country and have no family here to go to, and I have a plane ticket to leave for home for 4 months and I'm worried that in my absense I'll be pressed charges on. Please help me, what are my rights? what can I do? L L ツ: What do you mean by "if you are not there to make the complaint?" The officers told me that only he had to go to court. Do I have to appear as well?
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Best Answers: Am I going to be charged with assault?

Sharmain Sharmain | 8 days ago
Your husband is correct. You assaulted him by spraying him and then kicking him. He is then able to use reasonable force to restrain you until the police arrive. I can bet if it was a can of oven cleaner spray handy you would have used that on him. Either way the more you two carry on at each other the worse it will be in the long run. A judge can charge a person with contempt of court. He can also drop charges and direct the authorities to arrest someone else and bring them before him. No matter what if you are heading down the divorce path and it sounds like it will the lawyers will be rubbing there hands together. They just love a messy property case that's how they make there money. His lawyer will bring up the fact that you used a weapon on him then kicked him and your husbands genuine concern for your diminished mental state at the time and your deep depression about him wanting to join the Air Force and how he thought you were at risk of self harm etc etc. It all comes down to do you really want all your dirty washing aired in court for the world to hear.
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Sharmain Originally Answered: Am I going to be charged with assault?
Your husband is correct. You assaulted him by spraying him and then kicking him. He is then able to use reasonable force to restrain you until the police arrive. I can bet if it was a can of oven cleaner spray handy you would have used that on him. Either way the more you two carry on at each other the worse it will be in the long run. A judge can charge a person with contempt of court. He can also drop charges and direct the authorities to arrest someone else and bring them before him. No matter what if you are heading down the divorce path and it sounds like it will the lawyers will be rubbing there hands together. They just love a messy property case that's how they make there money. His lawyer will bring up the fact that you used a weapon on him then kicked him and your husbands genuine concern for your diminished mental state at the time and your deep depression about him wanting to join the Air Force and how he thought you were at risk of self harm etc etc. It all comes down to do you really want all your dirty washing aired in court for the world to hear.

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Dont worry, a judge cannot press charges. Only an offended party or a policeman can press charges. And since the police officers at the scene heard both sides and declined to press charges against you, it wont happen. However, if you are out of the country when he has to appear before the judge, if you are not there to make the complaint, the case against him will be dropped. Agreed, no police officer would have EVER told him he was justified.
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Mamie Mamie
I think your husband is taking advantage of the fact that you are not from here and don't know the laws. I don't think you will have charges pressed against you and even if they were you could take care of it when you get back. I'm not sure but theres only a small window of time that he can press charges against you anyway. IF he was smart he should drop the issue since he wants a military career anyway. You should consider your options though.... has he been abusive to you before? do you have any friends of your own that can help you? Your mental and physical well being are more important. Good Luck to you! If the officer charged him then no i don't believe you need to go to court. when a court date is set they may send you a subpeona as a witness but thts it. now if they do that and you don't go then they can charge you with contempt of court. if you know in advance that you will not be here then let the court know and they can reschedule the court date.
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Kimberlyn Kimberlyn
"that a policeman had told him he was justified in trowing me in the couch and in stopping me from leaving." If a policeman told him that, and I don't believe for one second a cop actually said that, he is wrong. You acted in self defense. If he decides to press charges, you have a solid affirmative defense of self defense and the police report should back up what your saying. I highly doubt the DA would even consider filling charges. You most likely will be called to testify and the defense lawyer will try to make it out to be your fault. This is just the way the law works. Even an asshole has the right to cross examine witnesses. Just stick to your story and try not to intimidate them. The prosecutor will help prepare you and will look out for you while on the stand.
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Janessa Janessa
You could press charges back. Like False Imprisonment because he wouldn't let you leave. He really doesn't have a case and I don't know any lawyer who would take this case.
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Eryn Eryn
a million) The needs of the sufferer haven't any relevance previous arrest. it is the alternative of the District criminal professional, now not the sufferer to prosecute or now not. 2) She are literally not in a position to be summarily positioned on probation and not using a courtroom docket visual attraction contained in the u . s . or diverse English regulation depending u . s .. If she replaced into once positioned on probation, the case replaced into now not dropped. It replaced into in many circumstances plea bargained. Or the DA merely offered a deal. in spite of the undeniable fact that a decide on although had to signal off. 3) there replaced into now not a tribulation, merely a initial listening to and an acceptance of the plea lower priced.
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Eryn Originally Answered: How can it be assault? Its my food?
its not they should get charged with theft for stealing your lunch as long as its clearly marked but i wouldn't go any further than a very strong laxative that will teach them a lesson like a big plate of laxative brownies be sure you write theses are (your name) do not eat then they will have been clearly warned

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