DALLAS (CBSDFW.COM) – A judge is in a Dallas County courtroom on Tuesday, but this time as a defendant. Judge Carlos Cortez has been accused of assault from an incident involving his girlfriend last month.

Cortez was charged with assault family violence, a third-degree felony punishable by up to 10 years in prison. He is asking his judge to throw out an emergency protective order that was filed against him.

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The judge’s arrest stems from an argument that, authorities said, Cortez and his girlfriend had in December at the LaTour luxury high rise apartments along McKinney Avenue. According to a police report, the two were fighting about the location of a child’s medication and drinking when that argument escalated.

Cortez’s 26-year-old girlfriend told police that the judge choked her with both hands and dragged her by the hair to a balcony, leaning her over the edge and verbally threatening to kill her. Authorities said that a child witnessed the entire incident.

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After being released from prison, Cortez filed a motion that challenged his girlfriend’s version of the entire ordeal. He claimed that the woman was trying to kill herself, and that he was attemping to pull her away from the balcony. Ted Steinke, the attorney representing Cortez’s girlfriend, called this version of the incident “laughable.”

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