Assault & Battery Accused of Domestic assault. But I was actually the victum

[latwill03]

To begin earlier this month, I encountered an interaction with my sister-in-law. Her and I exchanged some words over the phone and via text message. At the point when I thought our whole situation was over, she without warning showed up to my house asking for a key. (Keep in mind while all this happens my mother is on the phone with me, and some neighbors are watching and listening to our screaming match). I handed her her key at this point I was sure she was leaving as she did begin to walk to her car, she quickly turned around, walk right up to my face, at this point I was not even completely out of the door way, she had my back against the wall, a door on one side of me and my husband was sitting on a chair directly to the right of me. She began screaming an yelling at me about things that did not even pertain to our phone conversation. I told her vigorously that she needs to get out of my face, she didn't, she just kept yelling we went back and forth at this for a while until she pushed me, I then pushed her, and quickly it was broken up by my husband. At this point both my husband and I repeatedly are telling her to leave, she keeps yelling, as do I then I tell her if she wont leave I will call the cops. So i did. I explained the situation to them, told them her info where she lives and they went over to her house to talk to her. Next thing I know they are coming back and arresting me because she had a scratch on her arm. I have already hired an attorney, and I have to add, but I don't know if this will help my case that she has been training in MMA and other martial arts classes. I am stressed out every night can't even get any sleep. I am 26 years old, have never been in trouble with the law, never even been in a fight before in my life. I am studying Psychology and Dental Assisting and am in fear that if I don't win this case it will ruin my entire future. I would also like to know if I did win this case is there some way I can press charges on her, since it is the reason I called the cops to begin with?

 

[mightymoose]

Typically it does not matter who pushed first. What matters is who has an injury, even if just scratches. Police generally attempt to determine who was the primary aggressor, and they do that by evaluating the injuries. The primary aggressor goes to jail. Due to your family relationship this was treated as a case of domestic violence.
You would be wise to obtain counsel. If things are as you say here, and there is nothing more significant to it, you may find that the case is dismissed. A case like this in my area is typically dismissed due to a lack of evidence... though you do indicate there were some witnesses, so it may depend heavily on what statements were made.
No, the martial arts classes aren't very significant. You can discuss it with the attorney if you like, but I doubt they would want to bring it up.
No, there are no criminal charges to pursue against your sister. Had you not pushed her back then you possibly could have. You can seek a restraining order to compel her to stay away from your home and to not contact you if that is what you want to do... but hopefully family members can work things out better than that.

 

[army judge]

Stop talking to ANYONE about this case, except the lawyer you hired.

The legal process takes time.

If you're stressed, speak to your physician.

Once this starts, it takes time to end.

Be advised, not all parties like the outcome.

But, that aside, now is the time to just keep quiet about all of this.

The less you say, the better for you.

 

[latwill03]

Thanks for the tip