Second allegation of domestic battery dismissed:


At about 2.30pm

the police officer was dispatched to our client’s residence reference to a Domestic Battery.  

This was the second allegation of Domestic Battery against our client involving the same accuser (Our law firm had gotten the first one dismissed about two years prior).

Upon arrival, the officer was let in by our client, who related the following in summary: 

The client and his wife, the accuser, got into a physical altercation after he spilled her wine in the bathroom. Our client related that the accuser became very irate with him and quickly grabbed a mop from the next room. Our client related while walking to the kitchen, the accuser began to strike him with the steal part of the mop on his right and left forearm. Our client related the accuser made several more strikes to his left and right arm, until the mop broke in half. At this point, our client related he was cornered by the kitchen sink and was afraid the accuser was going to harm him with the broken part of the mop. Our client related the accuser then forcefully bit him and latched on to this upper right arm with her teeth. At this time, our client related that he grabbed the accuser by both arms and turned her around and placed the front of her face under the running faucet. Our client related she has been drinking heavily all day and thought it would help to put cold water on her. He then related he let go of the accuser seconds later, and the accuser immediately started yelling at him and then pushed him in the left arm. Our client related that the accuser called 9-1-1 and he immediately went outside by the front door. Our client related his children were both asleep during this incident.       

When a backup officer arrived on scene, the investigating police officer went to the apartment to speak with the accuser, who related the following in summary: 

The accuser related that she and our client had been in verbal arguments for the past couple days, because she hired a contractor to remodel the bathroom. The accuser related that our client didn’t agree with her decision, and had been picking fights with her all week. The accuser related she observed our client spill a glass of wine in the bathroom and our client became extremely upset. The accuser related our client immediately became aggressive towards her by yelling and approaching her in a combative manner. The accuser related she did not feel safe at this point due to past incidents. The accuser related she quickly picked up a mop in the other room and used it for protection. The accuser related our client followed her into the kitchen and pinned her up against the kitchen sink. The accuser related while she held the mop in front of her chest, our client grabbed the mop and bent it in half.   

The accuser related our client put her head in the sink. The accuser related after she was able to get her head out of the sink, she forced herself up and immediately bit down with her teeth on the upper right arm of our client. The accuser related she was afraid of our client and immediately contacted 9-1-1. 

The officer asked the accuser if she needed any medical attention and she related no. The officer did no observe and physical marks on her person. The officer then asked our client if he needed any medical attention for his bite mark and he related no. 

The officer informed our client he was under arrest for Domestic Battery. Our client was handcuffed, checked for fit, and searched before being placed in a squad and then transported to Police Department for further processing.



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