I had a DV case dismissed this morning because the alleged victim failed to appear for the second time. She should have been charged with assault and therefore required to be there but the system is sometimes rigged against a man. The facts I am going to set forth are undisputed and everyone agrees what led up to the case. The man (my client) goes to his daughter’s pre-k graduation. He brings his girlfriend. The child’s mother is outraged that he used one of HIS tickets to bring his girlfriend and calls her best friend from the graduation to get her over there. This thug comes with her own baby in her arms and as soon as the graduation ends wants to fight my client’s girlfriend and is cursing and making a complete asshole of herself. She attempts to grab the child (not her child), tells my client she will have him shot, and is yelling at the girlfriend “fight me, fight me.” I shouldn’t leave out that this thug still had her own baby in her arms while demanding a fight.
My client gets the child in the car seat and while doing so the mother grabs him from behind, rips his shirt, and gives him a black eye. This maniac is 6 months pregnant with some other man’s baby. My client pulls away from her, gets in the car and drives away. The child’s mother now reaches out and grabs the door handle and is pulled to the ground by the moving car. The police come and take her to the hospital for her superficial injuries, interview EVERYONE and then charge my client with assault. To hell with his black eye and ripped shirt.
Before being retained I call the prosecutor and tell her this is insane and send her the witness statement and the pictures and ask her to review it and just dismiss the case. I then ask that if this case is going forward is the mother going to be charged for the admitted assault on my client (NO!). I say it is unfair for him to have to hire a lawyer as he did nothing wrong. My “offer” is declined and the case is this morning. The child’s mother does not show up. Additionally she is not taking her to the pre-school she attended last year or any pre-school. The mother got the child back from the police who had no right to take her, and the mother will only let my client see his daughter on Facetime. He has filed a Petition for Custody and no judge anywhere is going to deny him access or should deny him custody. He is college educated, employed, and an excellent person and father. The mother does nothing for this child but the police helped her take and now hide the child. A total disgrace. The prosecutor knew I was right from the beginning and didn’t even want to look at me when we came forward for the dismissal. Shame on all of them.