Is this excessive force in self-defense?
My wife is 5'3 170lb. I am 5'7" 165lb. My wife has committed previous acts of violence on me.I had to go to the er 5 years ago to get stitches in my scrotum. In Jan she called the cops and I was charged with domestic battery. She told them that she was on the floor and I had my foot on her head. They did not even bother to ask me what happened even though I mentioned her prior abusive acts.
I was trying to leave the house and she wouldnt let me. She held my shirt and blocked my path. I headed straight for the door thinking she would loosen her grip, but she lost her balance and fell on the floor. I too lost my balance as her hand still held my shirt. I had to restrain her with my foot on her head and use both of my hands to loosen her grip. I was fearful she might do something crazy to injure me again as she was on the floor and my "private parts" were in a very vulnerable position. Thats why I restrained her. We have separated now. If this scenario is presented in front of a judge, would it be considered excessive force in self defense? I have the Er report from 5 years ago stating my injury. My wife will not appear to testify. This info has not yet been sent to the prosecution. Can she drop the charges after getting this?