Lindsay Lohan in the Clear on Battery Case…for Now

The good news keeps on coming for Lindsay Lohan. Not only has she been sprung from the Betty Ford Center, but it’s increasingly likely that she won’t be charged for allegedly assaulting Betty Ford employee Dawn Holland during a reported December 12 scuffle.

Radar Online reports that Superior Court Judge Elden Fox has reviewed Lohan’s criminal file in the matter, and has chosen not to pursue the case. A source spills,

“Judge Fox read the report, and put it back in Lohan’s file. Right now, based on what he has read, he won’t be taking any action against Lindsay.”

According to reports, Lohan and Holland mixed it up after the 24-year-old actress returned to Betty Ford past curfew following a night out on the town with her rehab roommates. According to Holland, who was subsequently let go from Betty Ford for speaking out about the incident, Lohan refused to take a Breathalyzer test, then tore Holland’s phone from her hand, spraining it. (Lohan has consistently maintained her innocence in the matter, claiming that it was Holland who initiated physical contact.)

Lohan isn’t completely in the clear, however; Riverside District Attorney’s Office spokesman John Hall says the case is “still being reviewed,” and according to a source, if the DA does decide to pursue charges, Fox will be compelled to look into the case once again:

“Judge Fox is waiting to see what, if any, charges Lindsay will face in connection with the incident at Betty Ford…If she is charged, he will take immediate action. Lindsay is scheduled to appear in front of Judge Fox on February 25th for a progress report hearing. At the last hearing, Judge Fox told her if she cleaned up her act and completed rehab, she would be taken off supervised probation, which would mean no more random drug tests, among other things…Lindsay is almost there, the only thing that could change that is if Lindsay is charged by the DA in Riverside, or if she violates other terms of her probation before February 25th.”