Paparazzo Sheng Li will ask a New York judge to issue a warrant for the arrest of Australian model Lara Bingle.
Li will front a Manhattan court on Tuesday to face assault and harassment charges, but his lawyer Mark Heller will use the appearance to go on the offensive.
Heller will ask Judge Brunat DiBiase for the charges against Li to be dropped and the focus of the case to be switched to Bingle and her movie star boyfriend, Sam Worthington.
"An application will be made for the immediate issuance of an arrest warrant for Lara Bingle for her assault on Sheng Li and for the issuance of an order of protection in favour of Sheng Li against Lara Bingle," Heller told Radar Online.
Li and Worthington were arrested for a February 23 altercation on a Manhattan street, but Bingle was not charged.
New York police allege Li was aggressively taking photos of Bingle and Li deliberately kicked Bingle in the shin.
Worthington retaliated by punching Li, police said.
Heller and Li will hold a press conference after the court appearance and hand out video evidence.
Heller claims the video footage will "clearly demonstrate that Sheng Li is innocent, was not the aggressor and that the conduct of Sam Worthington and Lara Bingle gave rise to the serious documented physical injuries that Sheng Li suffered".
Worthington's next court appearance is scheduled for May 8.