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Will I get arrested for hitting my ex first?

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Ag05201992

Junior Member
I live in Massachusetts. My ex was being so disrespectful that it pushed me to smack his head 2-3 times until he got up and choked me where I hit my head then as he's choking me I leaned back and and fell on the floor hitting my head again. My lip was swollen and I had visible marks on my neck and the next day I had bruises. Will I get arrested for hitting him first?
 


cbg

I'm a Northern Girl
Sorry, the crystal ball is out being recalibrated; the magic 8 ball is broken; and Madame Zulieka is on vacation.

But you SHOULD be. There is no "disrespect" that is sufficient to justify violence. And that goes for you both.
 

Ladyback1

Senior Member
I live in Massachusetts. My ex was being so disrespectful that it pushed me to smack his head 2-3 times until he got up and choked me where I hit my head then as he's choking me I leaned back and and fell on the floor hitting my head again. My lip was swollen and I had visible marks on my neck and the next day I had bruises. Will I get arrested for hitting him first?
You could.
Depends on how Massachusetts defines: "PRIMARY AGGRESSOR"

What was he saying that was "so disrespectful"? And what prevented you from just getting up and leaving?
And is there police involvement already? Do you and/or he have a history of violence (on record w/ the police)?
 

LeeHarveyBlotto

Senior Member
Sorry, the crystal ball is out being recalibrated; the magic 8 ball is broken; and Madame Zulieka is on vacation.

But you SHOULD be. There is no "disrespect" that is sufficient to justify violence. And that goes for you both.
As this is a legal advice forum, I'd point out that this is not an accurate statement .
 

justalayman

Senior Member
As this is a legal advice forum, I'd point out that this is not an accurate statement .
Why do you say that lhb? The woman hit her husband several times. That is adequate to sustain a DV charge. He hit her beyond what would be seen as a defensive action so that supports a DV charge.

Unless you are speaking of the excuse of why she struck her husband. If that is the case, you are incorrect
 

quincy

Senior Member
Sorry, the crystal ball is out being recalibrated; the magic 8 ball is broken; and Madame Zulieka is on vacation.

But you SHOULD be. There is no "disrespect" that is sufficient to justify violence. And that goes for you both.
I believe LeeHarveyBlotto is referring to the part about Madame Zulieka. She is not really on vacation. She just stopped answering her phone.
 

Ohiogal

Queen Bee
I live in Massachusetts. My ex was being so disrespectful that it pushed me to smack his head 2-3 times until he got up and choked me where I hit my head then as he's choking me I leaned back and and fell on the floor hitting my head again. My lip was swollen and I had visible marks on my neck and the next day I had bruises. Will I get arrested for hitting him first?
You attacked him. HOW DARE YOU SMACK HIM IN THE HEAD 2-3 times. You are violent and deserve to be arrested and charged. You need help for your anger issue.
 

davew128

Senior Member
What part do you disagree with? And where is your advice for the OP?
Walk away from the other person if they wont shut the bleep up. Unless the other person is mentally ill (or a complete idiot) that usually works. Its when they contiunue to follow you running their mouth that IMO they probably morally (if not legally) deserve a smack.
 

CdwJava

Senior Member
I'd say they could both go to jail. However, officers responding to the scene might very well have arrested him and referred her to the prosecutor's office unless their agency encouraged dual arrests (and, as a note, most do NOT encourage this).

If I had to choose one with ONLY the limited information I have here, I'd have probably taken him.

While she might have struck the first blow - what sounds like a couple or three head slaps - his reaction to choke her causing her visible injury and bruising is the far greater offense and shows a far greater tendency towards violence. Couple that with the very real possibility that his verbal chipping, accusations, curses, or whatever might have provoked the OP, it is very likely HE would have been seen as the primary aggressor even if she struck him first. But, the OP's state may have a different practice in this area.
 

commentator

Senior Member
I have seen many patterns of violence in relationships where the real aggressor, usually husband or boyfriend, would provoke and provoke, maybe even pinch or poke or otherwise aggrivate the victim until they got some sort of response, such as a slap or hit, and then they took this as justification to really beat the heck out of the person. I certainly hope you are getting far, far away from the situation, where you will no longer be exposed to abusive language to such an extent that you lose it.

But any person, man or woman who gives someone a slap of any kind, which is NOT a disabling blow, does not work for self defense, and is VERY likely to provoke a physical response is being profoundly stupid. (This goes for slapping children, too.)

If he made you mad enough to decide to hurt him, for gosh sakes, either do it effectively enough to disable him or get away from him.(Preferred behavior) Don't slap. That's about guaranteed to get yourself retaliated against and maybe seriously hurt. I suspect maybe you wanted to? I might think that if I walked into this situation and you told me that.

I agree, when the other person in a confrontation chases you from room to room when you are trying to get away, it is probably a deliberate effort to get you to act violently. If someone does this to you, be forwarned. Don't do it to others. if someone is trying to get away from you, let them!

But since you are asking this after the fact, I gather that you did not call the police, because you were afraid you'd be the one jailed. As we said, nobody can tell you the answer to that now. But in the future, DON'T slap him upside the head two or three times, no matter what he says. Any fool with a mouth who can control your actions and behavior by something they say is winning.
 
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LeeHarveyBlotto

Senior Member
What part do you disagree with? And where is your advice for the OP?
My advice to the OP would be the same as that of most of the others. Don't hit people, and learn to control your temper, even if you require professional help to do so. Especially if you require professional help to do so.

The part I disagree with is the sentence "There is no "disrespect" that is sufficient to justify violence." If this is a moral statement fine. As this is a legal forum, it's simply not true as a GENERAL statement. Words beyond a certain point can constitute provocation, and be a defense or mitigating factor for a violent act.
 
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cbg

I'm a Northern Girl
Perhaps you'd like to show me the Massachusetts statute that permits physical violence as a response as long as the provocation is severe enough, and for which the violent one cannot be charged (as opposed to being charged with a lesser offense).
 

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