Assault & Battery Get a case dropped

[Donjames]

My boyfriend got arrested for assault and unrestrained arrest. I was drunk and went to slap him. Despite the fact we were arguing it was going to be playful slap; but I don't think he knew that. He reached near my hand but I was struck in the face At the time I thought it was on purpose but now I'm almost 100% percent sure it was accident cause it all happened so fast. Also he never hurt me in past (4 years)and kept trying to calm me down. However, I was drunk and acted poorly. I tried to leave as fast as I could, he told me to stay and he would leave. When I went to open door he shut it on my foot. I went and told my neighbors he hit me. They called the cops. It was only the next day that I realized that I couldn't remember exactly how it happened I mean the details. I was arrrested for a alcohol incident in the past and have attended AA meeting.

I think he might have been reaching for my hand when I attempted slap him and missed. He had been drinking too but not as much as me. We dated for years and he never put a hand on me. I fear I'm going to get him in trouble for a accident. When cops came I tried to say I didn't want him arrested, I was drinking but I don't remember specifically saying the words "he hit me" but didn't say he didn't either. They arrested him based on probable cause. The cops said he restrained me cause he purposefully closed my foot in door. However there is no way he could have known that he just went to shut the door. That part of the story is weird.

Anyways I want it dropped and I talked to the prosecutor but she seems to unwilling to drop it. I sent a letter to his lawyer and prosecutor saying I was drunk and nothing I did should been taken seriously. What should I do, can I talk to arresting officier, or prosecutor again, I go before the judge soon to talk about TPO should I mention it then? Help I just want it over so we can go back to our lives.
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[tpajet]

What state are you in?

In many states they have a law that if the police show up at a domestic dispute and there is evidence of physical abuse then someone WILL leave in handcuffs. If you had brusies on your face from him slaping you, or if your foot was injured with the door, that would usually be enough.

On top of that, even if you decide not to press charges, the state can, and it sounds like that is the case here since the prosecuting attorny is not willing to drop it. You can talk to the judge, but expect this one to go through the court.

Now let's look at another part of this, and it's time to be honest with yourself here. I don't know your past situation, but this sounds a bit like an abusive relationship. You really need to think hard about this situation and decide if you need to be in this relationship.

If he hits you, then it needs to be game over. Don't make excuses for him. "Oh, it's nothing, we were just playing" etc, etc, etc. That's BS. If he hits you, it's only going to get worse down the road.

 

[Donjames]

I live in Cincinnati Ohio. I am aware the state has the right to act on its assumptions. However, despite what most people think when they hear this story there has never ever been a incident in like this in the time that I have known him. I guess people assume that cause it involves guy and girl and you know stereotypical stuff. But I did not say he playfully hit at me I told him I was going to slap him for something he said that I did not like, but I wasn't going to really hit him. He should have known that. Also to be fair my alcohol incident in past involved me pulling out a knife in public so alcohol isn't always my best friend

I meet with the judge and the prosecutor told me it was to get the restraining order dropped She said that she read my letter and decided to have me talk with judge about it. I don't know whether to believe her, is it possible she wants me to meet with judge to say something that would contradict my story that said he didn't do anything. Maybe I'm just paranoid. Why does prosectutor really want me with judge? What can I say during that meeting to get this dropped? Is there someone higher than prosecutor I can talk to? What about talking to the arresting officer since he made arrest can't he request for it to get dropped?