What can I do if my boyfriend was arrested for assault but he didn’t assault me?

My boyfriend was just arrested for assault but he didn’t assault me. My 3 kids and I just moved in with my boyfriend had previously lived with my husband of 15 years who was very abusive. My daughter was overly sensative to the raised voices of our discussion and called the police. When they arrived I explained to them be had not touched me or threatened to touch me. He did have his hand over my mouth trying to keep me from panicking about our bills which is what the discussion was over. He did not do it in a forceful way and I have no marks on me but they arrested him anyway. I did tell them that I had been in fear before when we were discussing certain issues but that was due to the aduse I had suffered in my marriage. What do I do? I feel like they arrested him for no reason because I did not want to press charges for something he didn’t do and they told me it didn’t matter and gave me the battered woman speech. Which before when I really was in danger with my ex, nobody seemed to care then.

Asked on September 25, 2017 under Criminal Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that if there is enough other evidence to support a conviction, then the case can still go forward. It is up to the prosecuting attorney to make that decision, not you. Therefore, while you cooperation would make the case stronger, it is not necessary. At this point, your boyfriend needs to consut with a criminal law attorney ASAP.


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