Messed Up Charge for Domestic Battery
I was arrested and charged with domestic battery in West Virginia against my husband for defending myself. My spouse and kids live in West Virginia and I am a resident of Tennessee where I am stationed at Fort Campbell, KY. I have nearly 18 years of active service time in the Army and has never been in trouble.
I was there visiting on leave when the altercation took place. We got into an arguement which led to him telling me to get out of his house and I agreed to do as soon as I got all of my things. At the time of the altercation we were in the bedroom and I was in bed while he walked about the room asking me different questions that I didn't understand and asked for him to explain what he was talking about. I did see his frustration growing as well as my own because I wanted to know what was he trying to say. He told me to leave and I called my Mother to ask for assistance to in case I had to pay extra to change my flight date to the next morning.
Upon getting my things together, I picked up one of the keys to the car which was on the nightstand as he stood across the room in front of the bedroom door. I was on the phone at the time with my Mother still, when I asked him to let me out of the room. He refused and told me to give him the key and I refused. I reached around him with my left hand to try and unlock the door to open it, but he pushed me back and I told him to not to push on me. I turned my back on him and walked to the dresser to pick up my earrings. I had my earrings in my left hand and my cell and key in my right hand. As I picked up my earrings, he grabbed my right had to try pry the key out of my hand and then threw me on the bed where he put his forearm across my neck and held me down, while continuing to pry my stuff from my hands. He took the key and cell out of my right hand and once he got that he let go of my right hand while I was trying to get loose because I couldn't breathe. I was reaching and grabbing for anything when I scratched his face. He then took my left hand and pulled my fingers back which was painful and then I bit his forearm. Once he emptied my hands and I bit him he removed his forearm from my neck but continued to hold me down, snarling at me about how he could knock me out and letting me know he will kill me if I don't get out of his house. He got off of me and called his mother to call the police. Upon arrival of the police he went outside screaming she attacked me and look at what she did to my face. I was in the house consoling my kids when the officers arrived. When they asked what started it, I couldn't tell them because I didn't know why it happened. I agreed to leave and made and attempt to do so, but he locked and stood in front of the bedroom door. When I was arrested, I had no visible bruises and only 3 small scratches on my hand, chest and arm. I was released on bail pending a court date to be set. I made an attempt to take photos of the bruises that were later visible once I got out and checked myself out. The photos did not come out well.
It is my full intent to fight the charge with the assistance of a public defender if granted one. I would like this charge to disappear if possible, because my kids, my military career and my life would would suffer tremendously if I am found guilty. I have read the definitions of Domestic Battery and Assault and feel I shouldn't have been charged with Battery, none of my actions were intentional, I didn't put my hands on him. He came at me and because I felt threatened and defended myself, I face losing everything.
Somebody please help me to understand, what has happened and what I should do. I don't want to have any further dealings with him and don't want to press the issue of charges being filed against him. I am tired and just want to move forward without my kids being hurt anymore in all of the madness between their father and me.
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