Facts:
My client and her boyfriend had been drinking on New Year’s Eve. They got into an argument and eventually, it turned physical. My client’s boyfriend alleged that she jumped on his back and scratched him. The police were called and she was arrested for misdemeanor domestic battery.
The Court Case:
At her first appearance, her boyfriend came to court and told the judge that he did not want her prosecuted. He asked for contact with her and it was granted. She was fortunate that the case was heard by a judge covering the holiday because the judge that normally handles these hearings would not have allowed contact. But, she was lucky and was released on ROR.
She hired me to assist her in getting the case dropped. Her boyfriend also hired a lawyer to assist us in getting the case dropped.
We had the boyfriend fill out a request not to prosecute and sent it to the prosecutor. The prosecutor also called him and verified that he was not injured and did not want to prosecute.
I also called the prosecutor and explained our position.
The Result:
18 days after the arrest, the prosecutor dropped the domestic battery charge. My client is very happy and now can expunge the record of her arrest.