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06-Aug-2015 05:24

Officials this week declined to press charges against Jim in the case.

The couple tells the mag that they were tired after working on a new television project in California and reclined their seats on their flight back to New Jersey and made some jokes to one another about joining the Mile High Club.

As we previously reported, Amber and Jim Marchese were pulled off a Virgin America flight at LAX for an alleged domestic violence assault. But now, the couple is saying that the whole situation was just a big misunderstanding.

At the time, LAX Police told PEOPLE that Jim “had grabbed [Amber] by the throat and made threats against her.” He was taken into custody and later released on ,000 bail.

He declined, as he was going to catch some sleep, but Amber ordered a glass of wine and put on her headphones to relax during the flight.

“Jim put his hand behind my neck and lean ED me closer to him. So he pulled me closer so he could whisper to me so the other passengers couldn’t hear us,” Amber explained.

Jim says he made a flirtatious comment to his wife, and then the flight attendant came to offer them a drink.

“[An officer] says, ‘You’re not going anywhere until you’re tell me what happened,’ ” says Amber.

“People are watching, it’s embarrassing and humiliating.

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“My understanding is that flight attendant saw my arm around the back of Amber [during the PDA], and that where the accusation came from,” says Jim.

“I don’t know definitely if it was [the flight attendant], but I assume it was her because she’s the only one who could notify the captain and call the police.” Amber says officers were trying to get her to say that her husband had attacked her.

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