What to do if my husband and I had what started as a verbal confrontation and ended up physical but I was the one arrested?

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What to do if my husband and I had what started as a verbal confrontation and ended up physical but I was the one arrested?

He initiated the physical part but I was the one arrested for domestic assault. He was only issued a summons that he had to sign for and did not get picked up and processed. I ended up with the bruises from the struggle and got arrested for defending myself. Why? I do not understand.

Asked on December 30, 2012 under Criminal Law, Virginia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Sometimes in domestic violence situations, the police will only arrest who they believe to be the initial aggressor in domestic violence disputes. This however does not in any way mean that you are guilty of domestic violence, this simply means that the police "subjectively" made a decision without further information. The Law allows you to defend yourself during an assault. You will want to contact an experienced criminal defense attorney in your area to discuss your various options in an attempt to have these criminal charges dismissed on your behalf.


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