Domestic Assault & Battery: Client was in the process of a divorce. He went to his ex-wifes home to pick up his young children for visitation (as allowed by probate court). It was a cold evening, and when his son appeared with a t-shirt and sandals on, he asked him to go back in the house to retrieve warmer clothes. His son said that his mother wouldnt let him. Client went into the house himself and asked for the clothing. When his ex-wife wouldnt get it, he tried to go upstairs to get it himself. Clients ex-wife then called 911 and reported that Client pushed her out of the way in order to head upstairs. Client was subsequently arrested for A&B. After client hired me, I obtained the 911 tape and learned that the wifes initial report to 911 was that she made physical contact with my Client FIRST. In fact, in her first report to the dispatcher, she stated that she tried to restrain him by grabbing on to him as he tried to go upstairs, and when he took her arm off of her, she fell backwards. Her story began to evolve when she spoke with the officers and later obtained a restraining order, and eventually she forgot to mention that she had physically grabbed my Client first. After a short period of pre-trial probation, the charges against my Client will be dismissed. Clients record remains pristine.
Posted on: Wed, 22 Oct 2014 19:58:22 +0000
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