simple assault and arrest procedures

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Question

Country: United States of America
State: LouisianaMy ex roommate attacked me on November 2nd and received a citation for "Simple Assault". On November 23rd I took her to court to receive a restraining order against her. On November 28th my boyfriend and I were arrested at 2 in the morning on allegation of "Burglary and "Simple Criminal Damage". My ex roommate called the police and accused us of breaking in and damaging things in the apartment. They thought we were possible suspects because I still have the apartment key and my boyfriend was once arrested for breaking my door in a domestic dispute. Once we all reached the police department the police informed me that they could not charge us with Burglary because I am still on the lease for the apartment. So, they gave us both citations for "Simple Criminal Damage". I reviewed the police report and there are no witnesses and just her accusations. Was this even a legal arrest? It will be hard to prove her guilty of filing a false police. Any advise??? Any help will be appreciated.

Answer

The arrest was legal but you could likely get those charges dropped, or reduced to simple disturbance,...they normally will have to have some evidenc etc. to proceed with this matter...