My client is married, has a three year old child, and is pregnant. She has never been in trouble before. She has a history of bi-polar depression. Recently, she has been struggling with her medication management because of the pregnancy. One evening, her mental health issues caused her to lose control. She began to argue with her husband and she threw a water bottle at him and grabbed the collar of his shirt, ripping it. The neighbors heard her yelling and called the police.
When the police arrived, the husband said that he did not want her arrested, but they saw the ripped shirt and he admitted it was from her. They said they had no choice and had to arrest her for domestic battery. So, she was arrested, bonded out and could not have contact with her husband. Therefore, he moved out and she stayed at home with their child.
My client understood that she needed help for her medication management. She set up an appointment with her psychiatrist and was also referred for follow up therapy. I had her send me the proof of these visits. In the meantime, I spoke to her husband who was adamant that he wanted to be home to care for his family. He did not want her prosecuted. He also signed a request for contact.
I submitted the explanation of the incident and the proof of the medical treatment to the prosecutor. They agreed to dismiss the charge. From the date of the incident to when the charge was dismissed was 18 days. My client is very happy and is now going to expunge the record of the domestic violence charge off her record.