Assault & Battery Question

Question

Assault & Battery Question

I need some advice if anyone can help me. I am divorced from my girls father. It was his weekend to have the kids, yet he stated he was probably going to TN for the weekend. My 7 year old daughter called all day Saturday and he never answered or called back. My daughter was very upset. I already had plans to go out for my fiance's birthday. So my niece watched my kids and we ended up at a bar. Guess who shows up? The ex with the "so-called used to be friend of mine" who he cheated with and left us for. I had been drinking and feelings come over me and I decide to go after them to get a hold of her. All I do is try to throw a drink on her, but it didn't even touch her. The ex keeping me off of her hits/pushes me in the face enough that I span around. So I have 2 witnesses that say he pushed me in the face and I call the police and do a report. Of course they left. I am told to file I guess assault and battery against him, when he touched me that made him the "aggressor." Then once I was honest and said I had initially threw the drink, then the cop said that also made me an aggressor. I have never been in trouble and don't want to be. So should I proceed or just drop it? Because he also has not kept a job in 2 years, never pays child support, and I have had friends tell me they have bought drugs from him which I also haven't been able to prove. Child Support Recovery in GA sucks and he always gets off every 90 days by paying something not to take his license. In general - I shouldn't have acted like a child and wanna fight such losers, but I didn't actually touch anyone as he did me. What should I do? I do have former TPO papers on him from when we were together. Any help is appreciated....

Answer 1

I would go ahead with the charges or at least talk to a lawyer. He's male so automatically the judge is going to side with you more. He could have walked away but instead he touched you. Your drink never hit him so you're really not an aggressor and juice or alcohol is much less damaging than pushing someone. he used easily more than double the force you used on him. I'm not sure about your state but here in NY if you're attacked you're legally only allowed to use the same force back to defend yourself which means if someone punches you you can punch them back but you can't hit them with a chair. Although in cases of women and men usually women get a lot of slack.

Tell him you're going to bring his butt to court unless he shapes up and see what he does. The judge won't even glance at your throwing a drink at him once he sees that he hit you hard enough to spin you around.

Answer 2

Your intent was to throw the drink, before the ex touched you.......

the cops are right, DROP IT, hope the ex does, or you could be in trouble.

If you want to fight him, do it in a legal forum, have an attorney fight for you.  (Otherwise, you could easily end up in trouble).

Luck

Answer 3

I am not sure but you were the instigator in this and I will not look good on your part. Even though you did not hit his girlfriend you in essence attacked her by throwing a drink toward her way in anger. I would not continue with these charges but you still need to go after him for child support apart from these charges.