Dismissed & Sealed

My client was charged with Domestic Violence Harassment (a Class 3 Misdemeanor). My client and his wife had been going through a difficult time and were separated. My client’s wife began using time with their infant son against him, unreasonably restricting his access to their son except in limited circumstances that she controlled. In frustration, my client allegedly pushed his wife, and then was so distraught over the situation and his powerlessness that he made the situation worse by putting hands on his wife and then tried to harm himself. The police were called, and my client was arrested on a domestic violence charge. The case became further complicated when divorce and custody proceedings were begun in the middle of the criminal case. After heavy and delicate negotiation with the deputy district attorney, and with help from the client’s mental health providers, I was able to put the case into context for the district attorney and to demonstrate that a recent medication change likely contributed to my client’s reaction to the stressful situation. Eventually, I was able to get a Pre-Plea Investigation Report offered, which came back favorably for my client, leading to a full dismissal and sealing of the case.