What is the name of your state (only U.S. law)? Maryland
Background:
Married 15+ years
Several children
Generally good marriage, very few arguments and no physical altercations
Neither of the participants have a history of violence
A few months ago, I was informed by my wife that she wanted to end the marriage. The main issues centered around how I managed (or failed to) our finances. She was also no longer physically attracted and no longer in love.
Subsequent to this, my wife has started up a relationship with an old flame. The relationship is long distance and they have not seen one another in person. She has made it very clear that she wants to be with this other person.
I have also been out of work for the past few months (due to a lay off) and have actively been trying to find work.
Situation:
Several weeks ago, I had a situation where my wife and I were in a heated argument (one of the very few, before or after she announced that she wanted to end the relationship). During the argument, things got out of control and she started hitting me. She only connected about 3 times (shoulder and neck area) and did not do any damage. In reaction, I grabbed her by the arm and throat and forced her to the floor. She was only held to the floor for a few seconds and no attempt was made to choke her or to put pressure on her neck or throat.
The next day, she went in to work and was confronted by her coworkers. She had some bruising from where she was restrained and had clearly been crying. Her coworkers convinced her to call the police. The police arrived at my house and immediately placed me under arrest for 2nd degree assault. My wife did not press charges and did not seek a restraining order. Under Maryland law, the responding officer made the decision to press charges based on the bruising he had observed. My wife did tell the officer that she instigated the fight and that she had thrown several punches.
Based on the above, was my wife right in contacting the police, given the facts that my actions were a spontaneous reaction to being hit and intended as self defense, even if I over-reacted in doing so?
I am looking for opinion here more than any specific legal advice.
Background:
Married 15+ years
Several children
Generally good marriage, very few arguments and no physical altercations
Neither of the participants have a history of violence
A few months ago, I was informed by my wife that she wanted to end the marriage. The main issues centered around how I managed (or failed to) our finances. She was also no longer physically attracted and no longer in love.
Subsequent to this, my wife has started up a relationship with an old flame. The relationship is long distance and they have not seen one another in person. She has made it very clear that she wants to be with this other person.
I have also been out of work for the past few months (due to a lay off) and have actively been trying to find work.
Situation:
Several weeks ago, I had a situation where my wife and I were in a heated argument (one of the very few, before or after she announced that she wanted to end the relationship). During the argument, things got out of control and she started hitting me. She only connected about 3 times (shoulder and neck area) and did not do any damage. In reaction, I grabbed her by the arm and throat and forced her to the floor. She was only held to the floor for a few seconds and no attempt was made to choke her or to put pressure on her neck or throat.
The next day, she went in to work and was confronted by her coworkers. She had some bruising from where she was restrained and had clearly been crying. Her coworkers convinced her to call the police. The police arrived at my house and immediately placed me under arrest for 2nd degree assault. My wife did not press charges and did not seek a restraining order. Under Maryland law, the responding officer made the decision to press charges based on the bruising he had observed. My wife did tell the officer that she instigated the fight and that she had thrown several punches.
Based on the above, was my wife right in contacting the police, given the facts that my actions were a spontaneous reaction to being hit and intended as self defense, even if I over-reacted in doing so?
I am looking for opinion here more than any specific legal advice.
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