Portland, OR asked in Domestic Violence and Criminal Law for Oregon

Q: I got arrested for drawing blood on the other person but fight for self defense can the other person get arrested

I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Portland, OR
  • Licensed in Oregon

A: Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could have arrested neither of you. They made their determination and now they have to prove their case against you. But arresting you has little or nothing to do with arresting him and there is no reason to think the district attorney is now going to go back in time to try to second guess the police. They are far too busy with new cases to go try to "create" one out of the past. If you are exonerated, there's no reason for you to want him charged except for vengeance - and that is not a good reason for them to go after him.

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