Portsmouth, VA asked in Domestic Violence for Virginia

Q: Why is my boyfriend being charged with assault on me when I️ never to police that I️ wanted to press charges?

My boyfriend got into a fight with someone. I️ put myself in the middle and tried holding him back from attacking the person. When I️ did this he kept pushing me back trying to get me off of him. He never hit me and I️ explained this to the police when they got there. I️ The other person involved wanted to press charges. I️ never stated that I️ wanted to press charges and the police never asked me if I️ wanted to do so. Why are they still charging him with assault and battery on me also? Are they allowed to do this? Is there anything I️ can do to have the charge dropped?

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1 Lawyer Answer

A: Your BF pushing you to get off him could be an unwanted touching and thus an assault. Once the police arrive on the scene, whether you want to proceed with the charges or not is out of your hands. Tell your BF's attorney that your BF did not assault you as far as you are concerned and you don't want to proceed with the charge of domestic assault. Also, on the day of trial, tell the prosecutor the same thing.

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