It is unfortunate and just wrong when someone uses the “I am a victim of domestic violence” when it never occurred. There are tons of legitimate cases but the liars taint the legitimate cases. Anyone can take out a Protective Order and there is a low bar to having it granted. There is no bar to her then going to the Court Commissioner and getting an Assault charge issued. That is what happened here.
As the Protective Order is being served by FOUR police officers the “victim” is calling my client. He shows the phone to the police who tell him he cannot answer it without potentially violating the piece of paper they are handing him. This followed a text message sent the day before telling him she shouldn’t have taken it out and will dismiss it. She then shows up at the first Hearing that he doesn’t have to attend and tells the judge it is not as bad as she wrote but still needs protection. OF COURSE she does not show up for the Final Hearing and it is dismissed.
Now we come to the criminal case. I have about 50 pages of HER TEXTS apologizing and sending him money for the cell phone SHE destroyed. The crime occurred when he grabbed his wallet from her as she was about to flush it down the toilet. Oh, the argument originated when he tried to help her daughter when she said she would kill herself. That act of kindness was taken to be an insult to the “victim’s” parenting skills. He also had the AUDACITY not to return her texts after he was served with the Protective Order requiring him to not have contact with her. She took the failure to respond to mean that he was now seeing someone else.
I learn right before the trial that she told the State’s paralegal that he didn’t intend to assault her and it was inadvertent. Yes that should have been disclosed!!! This piece of crap goes to trial anyway and the Judge finds him not guilty. He wants to sue her to get back the money he paid me for 2both matters, but she has no money and he wants an Expungement. The post script to this is that as we walked out, we see her in the hallway LAUGHING, I told my client and his best friend (who brought him to me), that if he ever has any contact with her again he would be the DUMBEST person I have ever represented.
Meanwhile legitimate victims of domestic violence can take comfort that the Judge who heard this crap will not hold it against them when they appear before him.