Heather Locklear and Jack Wagner.

Heather Locklear's problems are piling up. Fresh out of the hospital after reportedly overdosing last week, the former "Melrose Place" actress has a new battle to contend with: Appearing in before the Los Angeles city attorney to determine if she'll be charged for criminal battery for a fight with her on-again, off-again boyfriend Jack Wagner. 

TMZ reports that the LAPD investigated a physical fight that the pair had in late December at Wagner's San Fernando Valley home. According to TMZ,  when cops arrived, no one wanted to press charges but the issue was sent to the city attorney for review. Now they have to appear in front of prosecutors to determine whether charges should be filed.

Reps for Locklear and Wagner did not immediately respond to ABCNews.com's requests for comment. The LAPD declined to comment.