Charges of Domestic Assault and Battery DO NOT ISSUE.

January 25th 2023
Domestic Assault and Battery
Clerk Magistrate Hearing
Client was charged with Domestic Assault and Battery. She was 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 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.