April 28th 2023
Domestic Assault and Battery
Client was a super single mom doing all the right things raising her son. In the process of raising her son she sought to take his cell phone from him. She did take his cell phone but then he tried to get it back from her. She was forced to call the police when he became physical with her in his efforts to retrieve the phone. The police came and arrested mother and not son. It was a worst-case scenario and very scary. Most every police department has a mandatory arrest policy for Domestic Abuse cases and apparently the took the child’s story as more credible. She was arrested and told to report to court the following Monday. Fortunately, Attorney Barabino and client were able to work through the weekend and develop information needed for the arraignment. Whereas it is a domestic there is no diversion, judicial diversion or alternative. However, Attorney Barabino approached the DA with these special circumstances, and he dismissed the “domestic” portion of the Assault and Battery prior to the arraignment and also agreed to put the arraignment off. Over the next several months Attorney Barabino was able to work with the client and Department of Children and Family. That investigation warranted a “Unsupported” determination for physical abuse. Then we filed a judicial diversion since she now qualified. We entered a at home parenting computer program and today the charge was dismissed prior to the formal arraignment which means there will be not entry in any court docket.
RESULT: Pre-Arraignment Domestic Dismissed.
