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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default In-Law assault

    I need advice.
    Last night my brother's inebriated estranged wife approached me outside of bar where I had gone to get my brother.
    She began to attack me physically and I defended myself. Problem is, when she got home she contacted the police and is filing charges against me even though she hit at me first. Was I wrong to defend myself?
    Also, I have no prior record for anything, (not even a speeding ticket) and she was jailed just 9 mos ago for domestic abuse against my brother while intoxicated. She is already on probation for that and is never supposed to be drinking. Will that help my case, that she was drunk while she attacked me?
    What is going to happen to me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: In-Law assault

    All too often people confuse "defending myself" with "beating the crap out of somebody who hit me first." How, exactly, did you "defend yourself"?

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: In-Law assault

    Whenever she hit me I hit her back. I didn't try to keep it going, I was trying to get her away. The problem was she would not stay off of me. Yes, I would say she has the majority of the injuries.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: In-Law assault

    Hitting someone back when they hit you is not necessarily going to be self defense. It doesn't work that way. if she was in violation o fher probation when the assault occurred, that is a seperate issue and her history may play to your advantage ... witnesses would be better, however.

    Consult local counsel before court.

    - Carl

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