RHONJ star Amber Marchese says District Attorney will not file charges of felony abuse against husband James after 'finding no evidence he attacked her'

Amber Marchese and her husband James have released a statement regarding his arrest last month.

The former Real Housewives of New Jersey stars told E! News that the authorities 'refused' to press charges against James after failing to any evidence of domestic violence.

Amber and James contend both the District Attorney and City Attorney in Los Angeles found no 'merit in the allegations' of abuse. 

Charged: Former Real Housewives of New Jersey star Amber Marchese has denied that husband James attacked her, after he was arrested and kicked off a Virgin America flight last month

'The false eyewitness reports caused LAPD to wrongfully arrest Mr. Marchese for felony abuse, with both District Attorney and City Attorney finding no merit in the allegations,' the couple continued in their statement.  

The statement went on to add: 'James will be filing a civil action against Virgin American Airlines seeking $100,000,000 for this disgusting, hurtful defamatory act which cause the police to take such extreme action resulting in horrible rumors about the happily married couple that hurt them both personally and professionally.' 

In a statement released to DailyMail Online last month, Amber said the incident was a misunderstanding - saying the couple had engaged in 'some heavy PDA' and were talking about joining the 'Mile High Club' before they were suddenly ordered off the flight.

The 38-year-old denied James attacked her, calling the reports 'false and disgusting' and saying her husband was a 'perfect gentleman.'

Arrested: Amber, seen holding hands with James after bailing him out, said the couple were in fact engaged in a 'heavy PDA' and not a violent altercation

'Domestic violence is not a joke, and having my husband be accused of such a heinous act is not only hurtful but damaging personally, emotionally and professionally,' said Amber in a statement.

'I would never let myself be a victim of anything or anyone.'

The reality star said the couple were actually being amorous and having a 'bit of fun.'

'We were actually talking about hooking up and joining the 'mile high' club,' Amber said. 

'Some heavy PDA was involved, just the opposite of what certain people reported they saw. 

'After that brief bit of fun between us we prepared for takeoff and I ordered a glass of white wine.

'I was peacefully sipping my wine and Jim was sleeping when we were asked to leave the plane,' she said. 

Amber said the couple were not told what the issue was, and feared there had been a family emergency.

'Confused and scared our first thoughts were 'did something happen to our kids?' No explanations or answers were given to our questions and we were immediately separated. 

'All I wanted was my husband Jim so we could figure out what happened and how to help the authorities by answering any questions. All Jim wanted was to make sure I was ok.

Not finished: The 46-year-old said he intended taking legal action against the airline

'We asked why we're being removed from the plane. We complied with everyone involved from the flight attendant to the authorities. 

And she denied that James had been violent at any point, calling reports that he had hurt her 'false and disgusting.'

'Through this entire stressful situation my husband was nothing but a gentleman and never once lost his composure,' she said. 

'To be crystal clear there was no complaint of domestic violence, signs of distress or request for assistance made by myself and there was no wrong doing by my husband. 

'At no time did my husband ever choke me or threaten me in any way shape or form. 

'Jim and I have been married for 10 years and he has always treated me like gold and we have a beautiful relationship and a wonderful life. Every relationship has flaws and we are not perfect BUT these reports are undeniably false and disgusting,' Amber said.

Denial: James and Amber at Buca di Beppo restaurant in Times Square in February last year

TMZ reported that just before take off, airline staff called police after the 46-year-old grabbed his wife's throat in an argument.

Amber, who had a partial mastectomy last year during a second battle with breast cancer, later showed up at the police station to bail out her husband.

The site published a video of the couple leaving the station holding hands; however the footage also appears to show James actively trying to convince her to hold his hand once he spotted the cameras.

When they walk outside and the reporter asks them what happened, James revealed he plans to take legal action against the airline.

In and out: Amber joined the Real Housewives Of New Jersey cast in the most recent season six, but announced in November she was leaving after just one season

'We're all good. You know, we're all sleeping, having a good time on the plane,' he said. 

'I guess Virgin Atlantic wants to take care of my kid's scholarship funds.'

When pressed on what had happened, James said he had 'no idea.'

'But we'll leave it to the big boys over there, it's all good. Had a great time, love California.'

However he did confirm he is suing Virgin America over the incident.

'Oh I'm definitely pressing charges, and I'm filing civil litigation,' he said.

Amber joined the RHONJ cast in the most recent season six, but announced in November she was leaving after just one season.

She is mother to two children, and stepmother to two more of Jason's kids from a previous relationship. 

Family: The 38-year-old is mother to two children, and stepmother to two more of Jame's kids from a previous relationship