Our client, age 22, shared a residence with the mother of his six-month old daughter. He was a college graduate and the manager of a local chain restaurant. He was educated and upwardly mobile. His parents were very proud of him.
The mother of his child was extremely beautiful, but mentally unstable. She had been hospitalized for suicidal thoughts and depression in the past, as well as eating disorders. Our client was her source of income, as her parents had abandoned her once she turned 18. Our client’s family were hesitant to accept this woman into their family, although she was the mother of their granddaughter.
Brief Synopsis: Our client decides to break up with his girlfriend and as he is moving out of the apartment, his girlfriend stages a fight and calls the police, pretending that he attacked her and tried to strangle her. The client, however, recorded the incident on video on his phone. The girlfriend then recanted her story and signed a declaration describing her true role in events. Greg gives this declaration to the detective, who decides to recommend no prosecution and the case is not filed.
As is common with parents of an infant, our client and his girlfriend had very little sleep and were tasked with changing dirty diapers, feeding the little one and paying for medical expenses they did not expect.
The couple argued quite often and finally, our client decided to leave his girlfriend and the baby.
One day, our client packed up his belongings and began packing them into his car to leave. The girlfriend came home and saw what was happening. She decided to stage a fight to have him arrested for domestic violence. She had been told this would help her get more in child custody payments, too.
So, she parked her car and ran at him, seeking to scratch him and provoke him to defend himself. Our client did defend himself by reaching for his girlfriend’s neck, which apparently had red marks on it when police came to the location.
Our client, however, expected this situation. He used his cell phone to record his girlfriend coming at him and it showed no marks or bruises to her neck after he pushed her away.
The police refused to consider this video and required him to post a bond for $50,000, the statutory level for felony domestic violence.
The client’s mom then called Greg Hill & Associates the next morning, a Saturday morning. The mom described to Greg what happened and Greg suggested that he write a letter to the detective assigned to the case at the Long Beach Police Department, cc’ing both the Long Beach City Prosecutor and the Long Beach District Attorney’s offices.
The client then retained Greg Hill & Associates and Greg immediately wrote the letter, requesting that the detective look over the video more closely.
The girlfriend then contacted Greg Hill & Associates, asking what she could do to “make the case go away” and admitting that she started the fight. She further admitted that our client only acted in self-defense.
Greg advised the girlfriend to retain her own attorney to speak with me directly, rather than her, but she explained that she did not want to spend the money.
Greg then explained the ethical issues of him possibly being accused of tampering with a witness and her facing criminal liability for giving the police false information. The girlfriend acknowledged this and waived her right to an attorney.
Greg then prepared a declaration for her to sign that attempted to clarify the record for the police and explain that she may not have been accurate in her description of events earlier due to emotional distress at the time. Greg then had the girlfriend sign this declaration under penalty of perjury.
Greg then forwarded this declaration to the police detective assigned to the case.
Two days later, the detective assigned to the case contacted Greg to advise that he would not be recommending prosecution. The client and his girlfriend were very happy and promised they would begin marriage counseling and take parenting classes, too.
For more information about domestic violence issues, please click on the following articles:
- Federal Lifetime Ban on Owning a Firearm Applies After Misdemeanor Conviction for Domestic Violence under California Law
- What Punishment Do I Face for Domestic Violence?
- Will the Prosecutor Dismiss the Domestic Violence Case If the Victim Will Not Testify or Appear at Trial?