Friday, January 27, 2012

Domestic Assault

was arrested for hitting my boyfriend

I came home to a drunk (should have known) then I decide to leave he starts cussing me and calling my daughters very nasty names in my face I hit him. I sit to get my phone he was on top of me trying to take it. He destroyed my things and I called the police. I got arrested and have never been in trouble before. I ended up with a contusion (not sure of the spelling) and very sore. I did have this noted by the doctor that night. What happens in most cases like this?

My rule is that you should never invite the law into your home (with very few exceptions). It is far from uncommon for the one who calls the Police or Social Services to end up with the punishment.
From the facts that you provided, it appears that you both are guilty of assault. Since you were the initial aggressor, you were arrested. You can file a cross warrant against him for the assault. Go and see the Magistrate about this. In most cases like this, the charges will be dismissed if neither party has a record. The final decision, however, is up to the judge.
This response does not create an attorney-client relationship and is intended for general information purposes only.

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