We recently represented a hard-working single father with no criminal record who is thirty-seven years old. His girlfriend told him that she would accuse him of domestic violence if he ended the relationship. When he ended the relationship, she followed through with her threat and called 911. She told the arresting officer he hit her a few times in the back of the head and pulled her hair. Our client denied harming her or any woman. Even though the officer noted in the complaint that he did not observe any injuries, he felt as though he had probable cause to charge and arrest our client and charge him with first degree misdemeanor domestic violence based solely upon the ex-girlfriend’s statements.
Attorney Steve Kilburn spoke with our client’s employer who received a call from a strange individual accusing his client of smoking marihuana. She called back and told his employer she had lied about the false accusation concerning the marihuana. There was no doubt in our mind this was our client’s disgruntled ex-girlfriend who had falsely accused him of domestic violence around that same time. Additionally, while the case was pending, our client received a text message explicitly stating the ex-girlfriend had falsely accused him of domestic violence. The text message was sent from a phone number that matched the phone number on the ex-girlfriend’s written witness statement.
On the date of the trial, after speaking with the officer and prosecutor and presenting them with evidence which called into question the honesty of the ex-girlfriend, the prosecutor dismissed the domestic violence charge. Our client will now have the ability to seal the non-conviction from his record instantly and have peace of mind moving forward.
Unfortunately our client was forced to endure the financial and emotional stress related to a domestic violence accusation. Police officers have an unwritten rule that if domestic violence is alleged, a person is leaving in handcuffs. We are passionate about our clients and we will do everything we can to achieve a dismissal.
If you or someone you know has been accused of assault or domestic violence, please contact the experienced criminal defense attorneys at Rittgers Rittgers & Nakajima at 513-496-0134 for a free consultation.