My ex-girlfriend and I had an exhexnge over a month ago where we grabbed each others wrists. No punches were ever thrown. no charges were ever filed

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My ex-girlfriend and I had an exhexnge over a month ago where we grabbed each others wrists. No punches were ever thrown. no charges were ever filed

Can she now a month later press charges even if there was really no offence?

Asked on May 15, 2009 under Criminal Law, Washington

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Obviously grabbing someone whether punches were thrown or not is an illegal action. Whenever you invade another persons private space without their permission it is considered a tort, assault and/or battery.

That being said it sounds as if you broke up a month ago and now she is looking to press charges. Although she does have the right to call the police it is very difficult to press charges for an alleged assault a month ago. She will not have any proof of the incident and if she grabbed you as well you than have the right to press a counter charge against her.

In many instances like this the police will not even pursue it being as it allegedly occurred a month ago. if they do all you need to do is get an attorney explain the situation and chances are the charges will be dropped. when an issue is so much he said she said it becomes virtually impossible to pursue and as such charges cannot stand and very often will not even be pressed.


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