I am sorry to hear you are going through this, but the reason the police and the DA are treating this as an assault is because of her total actions. The fact that she hit you, hit the building and then fled they are using as evidence of intent to assault you and to make this a domestic violence
incident, which is why there is a protective order in place. Because it is a domestic violence charge, you are not the victim, the State is the victim. This means that you cannot simply dismiss charges or refuse to prosecute. You can ask the DA not to prosecute and you can give them an affidavit of non-prosecution, which is an affidavit you sign under penalty of perjury attesting to the fact this was an accident and not intentional and that you are not willing to cooperate in prosecution of the case, but the ultimate determination is up to the DA and they can prosecute the case without your cooperation based on the evidence from the night of the incident.
You can also work with her attorney and seek to testify to the court that this was not intentional and was an accident, in which case if the court finds your testimony credible in the light of all the other evidence, they will dismiss the charges or find her not guilty and will dismiss the protective order.
I am afraid though, that because this is a domestic violence case, the matter is much more complex than an ordinary assault case where typically the victim can refuse to prosecute and the case will be dismissed.
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