October 21, 2025
Domestic Assault and Battery
Clerk Magistrate Hearing
What began as a disagreement between client and his wife over their child’s car seat quickly escalated into a misunderstanding with serious legal implications. When police arrived, they separated both parents to hear each side of the story. The wife alleged that she had been grabbed and pushed into a table, showing what she claimed were physical marks. Client, however, explained that his wife had pulled at the car seat while their child was still inside and lost her balance, falling backward on her own. Although many police departments have mandatory arrest policies in domestic assault and battery cases, the officers instead issued a summons for a magistrate’s hearing. In preparation for the hearing, Attorney Barabino reviewed case law, drafted supporting memorandum, and gathered evidence from the client and witnesses through sworn affidavits. At Attorney Barabino’s request, client even brought the actual car seat to the courthouse to physically demonstrate how the incident occurred. In the end, the magistrate concluded that there was no probable cause for the charge to move forward. The case was dismissed before arraignment. Client was spared from the significant collateral consequences that all too often accompany domestic assault allegations.
RESULT: Domestic Assault and Battery Dismissed at Clerk Magistrate’s Hearing