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My husband and I got into a verbal altercation, and as I…

My husband and I got...
My husband and I got into a verbal altercation, and as I went upstairs to the loft to get my backpack to go to work, he started throwing things at me like a water bottle and Gatorade. I said I can throw things too from here and threw a shoe and hit him in the head which outraged him. He then got worse and was throwing anything he could teach at me and I screamed for him to stop. I picked up the chair and threw it over the loft and it hit him in the face. This obviously just outraged me more so he got a lead pipe out if the closet and threatened me with it as I tried to hold him off from making it upstairs. I called 911. I was able to get him to stop and go back downstairs somehow (from my pleas and I guess because the cops were coming)
They arrested me because he was injured and I was not.
He asked them not to and that he wouldn’t press chargers. They held me in the cell for 10 hours and then let me go.He thought I was going to come back and live with him and he thought everything would be OK because he had forgiven me for having him. But of course I know that I need to stay out of that environment until things are corrected if they can be in our relationship.Now here’s threatened to take me to court for this and I was wondering one of two things. Number one would you think that I have a chance of not getting prosecuted. And number two does he have the right after the fact to go and press chargers Since he said initially he didn’t want to. I am assuming he can but wanted to check
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Answered in 2 minutes by:
1/22/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,474
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Good morning. I am sorry to hear about this. Yes, he could go back to the police and advise that he wants them to arrest and charge you and turn this over to the State, to prosecute. Now, as far as the State proceeding, they will look over the evidence and see if they have enough of it to proceed The burden is on them at trial, to provide the charge against you beyond a reasonable doubt, so a lot depends on what he admits to and tells them and if they think you acted in self-defense or this is not something they want to proceed on, if he was the aggressor and you were defending yourself.

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Customer reply replied 3 months ago
Will they art st me right away again like they did or do I go to court or something

For domestic violence, they would likely arrest you again, as you would need to wait and go before a Judge so a bond can be set. I do not think they would just send you a notice to appear.

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Customer reply replied 3 months ago
one last thing, I assume it would be a good idea for me to go press chargers on him then as the agressor? I assume when I do that I’ll get arrested right there and I assume they will then go arrest him?

You are welcome. If they released you and there were no charges filed, they may not make an arrest on your if they believe you were defending yourself. It is hard to say how they will react as they will have a record of this, so they may speak with him again and could arrest you both. In an ideal situation, you both would walk away from this and move on, so the system is not involved. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
LegalKnowledge, Attorney
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Customer reply replied 3 months ago
Thank you

My pleasure.

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Customer reply replied 3 months ago
I have another question, I am so sorry to bother you again. This happened in our home in Philadelphia. Would they come and arrest me at my office in New Jersey. If they wanted to arrest me what do they kind of go through to find me?

They would obtain an arrest warrant and likely go to your home unless they know you to be hiding elsewhere.

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Customer reply replied 3 months ago
Would they likely cross state lines and come to my office? I’m just trying to be prepared because you can imagine if that was to happen.

Not likely for a misdemeanor.

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Customer reply replied 3 months ago
Ok thanks

You are welcome.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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