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Assault Charge, and Possible Counter Charge

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  • 08-19-2011, 07:24 PM
    dementeddaze
    Assault Charge, and Possible Counter Charge
    My question involves criminal law for the state of: Georgia

    I was assaulted by person, there were no witnesses, however I did sustain bruising. The person was a female, I am a male. I did push her on the shoulders to get her away from me. I do have photos of the bruises, she does not. It is possible she may press assault charges on me. I do not wish to press charges on her, however I did retain a restraining order against her. She has already violated the restraining order, I did make a police report, and do have to appear in court. I will bring up the fact that she already violated the restraining order, at the time she violated it I did not have her arrested. I did not have her arrested since at the time, and in the future it would have serious negative consequences, one being that is on probation and two that it could cause her heavy financial consequences in the form of student financial aid.

    The court hearing is to determine whether or not to extend the restraining order. Since I have proof of her assault in the form of photos, and a police report of her violating the restraining order, should I be worried of any possible counter charges. She also has several arrests, and DUI's on her record. Also, can the judge have arrested for violating the order even though I did not want her arrested at the time.
  • 08-21-2011, 08:32 PM
    Mr. Knowitall
    Re: Assault Charge, and Possible Counter Charge
    You know here, we don't. You admit to laying hands on her, and when you do that to a person it can potentially lead to a battery charge.
  • 08-22-2011, 05:57 AM
    viol8te
    Re: Assault Charge, and Possible Counter Charge
    And with that admission of battery, most states aren't too keen on the idea of charging the other party.
  • 08-22-2011, 06:33 AM
    flyingron
    Re: Assault Charge, and Possible Counter Charge
    There's no such thing as a counter charge criminally. The state prosecutes the parties as they determine the probability of a crime having been commited and the liklihood of getting a conviction.

    Two wrongs don't make a right. Whether or not someone else is charged or not is largely immaterial to your guilt.
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