Jennifer Love Hewitt Fiance Off Hook After Pap Fight

11/15/2013 12:30 AM PST

Jennifer Love Hewitt -- Fiance Off the Hook After Pap Fight

Jennifer Love Hewitt's fiance won't face criminal charges after allegedly attacking a paparazzo in September -- TMZ has learned, the L.A. County City Attorney has declined to prosecute.

Sources at the City Attorney's office tell us, battery charges won't be filed against 34-year-old Brian Hallisay due to lack of sufficient evidence.

As we reported, a pap filed a battery report against Hallisay following the incident outside Toscana in Brentwood, claiming JLH's fiance attacked him while leaving the restaurant. During the melee, the photog claims his camera hit him in the face near his eye.

Police subsequently launched an investigation ... but apparently, it went nowhere.