Lindsay Lohan did not show up in court for a hearing involving her altercation

Lindsay Lohan did not show up in court today for a hearing involving her altercation at a NYC nightclub in which she allegedly punched a Palm Beach psychic, and Lohan's lawyer doubts that the case against her will proceed.

 Attorney Mark Jay Heller told reporters the 26-year-old "Liz & Dick" actress "never made any physical contact with the alleged victim," Tiffany Ava Mitchell, who he said was trying to read Lohan's fortune at the time of the incident.

"From my understanding, Lindsay was being approached by a fortune teller who sought to provide a reading to her and she politely said 'I don't want to participate' and declined," Heller said. "You would think if [Mitchell] was a fortune teller, she would have been able to see this happening in advance. But obviously her skills weren't that honed."

Heller said that after Lohan asked to be left alone, "other individuals became very aggressive. Lindsay Lohan did not commit any crime, she did not assault anyone, all she did is verbally request her privacy."

Heller said Lohan will only appear in court when there is an accusatory document, which has not yet been filed. He signed required paperwork in her behalf today.

The Manhattan District Attorney's Office said the investigation into the case is continuing.

Lohan was arrested on a charge of misdemeanor assault on Nov. 29 after allegedly punching Mitchell at a brawl at the Manhattan nightclub Avenue. Mitchell did not seek out medical attention. At the time of Lohan's arrest, her attorney said the actress was "a victim of someone trying to capture their 15 minutes of fame."

Mitchell's husband Wayne Stevens spoke to ABC News after the incident and said he didn't know what caused the fight. "I don't even know why [Lohan] pushed her," he said. "And we didn't realize who it even was. Five minutes later, she comes around and tells my wife, 'If I need space,' and then she just punched her."

That same day, Lohan was charged with three additional misdemeanors for lying to Santa Monica, Calif., police about a June car crash on the Pacific Coast Highway. Because of that, in December, a California judge revoked Lohan's informal probation stemming from a 2011 necklace theft case. Lohan is due back in court for a probation violation hearing on Jan. 15.

Despite all of this, Lohan has been a regular on the party circuit. Last week, she was spotted leaving a London nightclub at 5 a.m. And she's maintaining a positive outlook. On New Year's Eve, she tweeted, "i feel very blessed to be able to spend time w/ my mom, family&very wonderful friends. Very grateful.. May only good things come this year."