January 25, 2023
Domestic Assault and Battery
Clerk Magistrate Hearing
Client was charged with Domestic Assault and Battery. She was a reputable and responsible person with no criminal record. In this matter, she was alleged to have drunk too much alcohol and got into a very brief altercation with her adult daughter with an accusation of a punch in the face. The police were called and did a full investigation and properly investigated the incident. Fortunately, they didn’t arrest client and the police filed for a clerk magistrate hearing. This was an opportunity to address the charges BEFORE they are issued. We were confident that we would have likely success, since the client was a mom, and the alleged complainant was an adult child and there was little other evidence. However, we knew that success would be most predictable with preparation. As a result, Attorney Barabino drafted a two-page background memorandum of the client and her life, additionally, several affidavits of family members and finally a legal memorandum on “consent” to aid the factfinders. In the end, the result was a factfinder who was confident that this would not reoccur and should not issue—and it was not.
Result: Charges of Domestic Assault and Battery DO NOT ISSUE.
