Jennifer Horwitz Law
Compassionate legal representation with real results.

Case Victories

Real results.

Posts in Domestic Violence
Domestic Violence Assault Case Where Client Admitted Pushing His Wife

RESULT  |  Dismissed

Client was accused of assaulting his wife after he admitted to pushing her up against a wall.  She then grabbed a knife and came after client and he used his hands to disarm his wife.  She followed him to another location of the house and client had a video of wife threatening to stab him.  After litigating the admissibility of the client's admission that he pushed his wife, admission to pushing the wife was deemed inadmissible.  After this ruling the prosecutor dismissed the case.

Second Domestic Violence Assault Charge Involving Same Alleged Victim

RESULT  |  Dismissed

Repeat client whose domestic violence case was previously dismissed, hired Jennifer Horwitz a second time when his same girlfriend accused him of assault for a second time.  After reviewing all of the evidence, it was clear that the client had locked his girlfriend out of the house because she was intoxicated and out of control and that no assault took place.  Someone who saw the girlfriend walking around in their yard crying and intoxicated called the police.  The girlfriend was angry about having been locked out and said the client assaulted her.  After presenting all of the evidence to the prosecutor, the prosecutor agreed it could not prove an assault had occurred and dismissed the case, even though this was the second time this woman had alleged an assault by the client (the first case was also dismissed).

Domestic  Violence Protection Order (for Petitioner)

RESULT  |  10-Year Protection Order with anti-defamation and other provisions granted and criminal charges filed against Respondent

A woman broke up with her boyfriend and asked him to move out after he recorded her without her permission.  The ex-boyfriend then began stalking the woman through various means and attempting to harm her business relationships.  The ex-boyfriend manufactured evidence and threatened to report to the police that the woman had lied under oath about his having recorded her without permission.  This threat was used to bully the woman into not pursuing the protection order she needed.  After petitioning for a protection order and presenting evidence of the stalking and showing that the ex-boyfriend had manufactured false evidence to try to bully the woman out of pursuing the order she needed, the court granted a 10-year protection order with several non-standard conditions to protect the woman.  The prosecutor's office was then convinced to file criminal charges against the ex-boyfriend.

Domestic Violence Assault (2nd Degree) — 911 Tape of Call by Client Lost

RESULT  |  Dismissed

A man was charged with hitting his girlfriend and causing serious injuries. Defense investigation revealed that the man had been injured first and very seriously by his girlfriend and that it was he who had called 911. The defense documented his injuries and retained an expert to testify that his injuries were life-threatening at trial. At trial, it was revealed that the prosecution had lost the 911 tape which showed that it was the man who contacted the police for help. After convincing the court that this was a legitimate self-defense case and that a critical piece of evidence had been lost, the case was dismissed.

Assault (Fourth Degree) — Client’s Girlfriend Injured

RESULT  |  Dismissed

The police were called to an apartment by a neighbor who heard yelling coming from an apartment and became concerned. The police knocked on the door of an apartment and saw a man in the apartment and a woman in bed covered by a sheet. When the police spoke to the woman, they saw she was injured and had been drinking. She indicated the man did not cause the injuries but that he had pushed her. The police were concerned about the presence of a sword in the apartment, though there was no allegation the sword had been used in any way during the incident. The case was set for trial, witnesses were interviewed and the case was dismissed prior to trial.

Domestic Violence Violation of Protection Order — Attempt to Alienate Kids

RESULT  |  Dismissed

A man who in the middle of a divorce had the right to have visitation with his children. The mother was attempting to alienate the father from his kids and no longer wanted the father in her life or the life of the children. When she could not achieve this goal through litigation in the family law case, the woman manufactured a reason to seek and obtain a protection order. She then falsely reported a violation of the protection order and the man was charged with that crime. The defense gathered a large amount of information that called into question the motives and credibility of the woman. The defense convinced the prosecutor that the woman was not credible and was likely making the criminal complaint so that the Court would agree that the man should not be able to visit with his children. The prosecutor dismissed the case.

Domestic Violence Violation of Protection Order — Accuser Credibility Issues

RESULT  |  Dismissed

During an acrimonious divorce, a woman accused her ex-husband of violating a protection order. In actuality, the woman had been harassing and stalking the husband and others associated with him. After compiling a packet of information regarding the ex-wife’s activities and submitting it to the prosecutor with a persuasive letter, the prosecutor decided to dismiss the charges against the man, indicating that she had been persuaded that the alleged victim had credibility issues.

Domestic Violence Assault (4th Degree) Accusation During Child Custody Fight

RESULT  |  Dismissed

A woman was accused of assaulting her child’s father by pushing him backwards toward or into his car during an argument. The argument occurred because the father did not make it clear to the woman where the child was. The accusation of assault by the father of the child arose simultaneously with the end of the relationship between the woman and the child’s father and a custody battle over the child as well as arguments over the division of assets between the couple. The defense brought some issues to the attention of the prosecutor about the allegation and prior allegations made by the father of the child that raised some questions about his credibility. In the meantime, the family case was resolved by a family law attorney with some requirements of the woman that addressed the prosecution’s concerns about the woman. The criminal case was dismissed.

Domestic Violence Assault (4th Degree) for Parental Discipline

RESULT  |  Not Guilty at Trial

A hard-working, law-abiding man was charged with assault for disciplining his teenage step-children at their mother’s request. The man used other progressive forms of discipline before resorting to hitting the children with his belt. Despite photos showing injuries to both teenagers, the man was found not guilty because the jury agreed that he was using reasonable parental discipline.

Assault (4th Degree) Domestic Violence

RESULT  |  Charges not filed

An argument broke out between family members at the graveside of someone in the family who had passed away. A woman’s father-in-law accused her of assaulting him even though she was the one who had been injured in the confrontation. The woman’s father-in-law was angry because he was in the middle of a divorce and the woman was supportive of her mother-in-law. After presenting evidence of the woman’s injuries to the prosecutor as well as information regarding her father-in-law’s stalking and victimization of her mother-in-law, the defense convinced the prosecutor that it should not bring charges against the woman, who was a mother with no prior criminal history.

Violation of Protection Order — Attempt to Alienate Client from Kids

RESULT  |  Dismissed

A man who in the middle of a divorce had the right to have visitation with his children. The mother was attempting to alienate the father from his kids and no longer wanted the father in her life or the life of the children. When she could not achieve this goal through litigation in the family law case, the woman manufactured a reason to seek and obtain a protection order. She then falsely reported a violation of the protection order and the man was charged with that crime. The defense gathered a large amount of information that called into question the motives and credibility of the woman. The defense convinced the prosecutor that the woman was not credible and was likely making the criminal complaint so that the Court would agree that the man should not be able to visit with his children. The prosecutor dismissed the case.

Violation of Protection Order — Accuser Credibility Issues

RESULT  |  Dismissed

During an acrimonious divorce, a woman accused her ex-husband of violating a protection order. In actuality, the woman had been harassing and stalking the husband and others associated with him. After compiling a packet of information regarding the ex-wife’s activities and submitting it to the prosecutor with a persuasive letter, the prosecutor decided to dismiss the charges against the man, indicating that she had been persuaded that the alleged victim had credibility issues.

Assault (4th Degree) — Client’s Girlfriend Injured

RESULT  |  Dismissed

The police were called to an apartment by a neighbor who heard yelling coming from an apartment and became concerned. The police knocked on the door of an apartment and saw a man in the apartment and a woman in bed covered by a sheet. When the police spoke to the woman, they saw she was injured and had been drinking. She indicated the man did not cause the injuries but that he had pushed her. The police were concerned about the presence of a sword in the apartment, though there was no allegation the sword had been used in any way during the incident. The case was set for trial, witnesses were interviewed and the case was dismissed prior to trial.

Assault (4th Degree) — Accusation During Child Custody Fight

RESULT  |  Dismissed

A woman was accused of assaulting her child’s father by pushing him backwards toward or into his car during an argument. The argument occurred because the father did not make it clear to the woman where the child was. The accusation of assault by the father of the child arose simultaneously with the end of the relationship between the woman and the child’s father and a custody battle over the child as well as arguments over the division of assets between the couple. The defense brought some issues to the attention of the prosecutor about the allegation and prior allegations made by the father of the child that raised some questions about his credibility. In the meantime, the family case was resolved by a family law attorney with some requirements of the woman that addressed the prosecution’s concerns about the woman. The criminal case was dismissed.

Assault (4th Degree) for Parental Discipline

RESULT  |  Not Guilty

A hard-working, law-abiding man was charged with assault for disciplining his teenage step-children at their mother’s request. The man used other progressive forms of discipline before resorting to hitting the children with his belt. Despite photos showing injuries to both teenagers, the man was found not guilty because the jury agreed that he was using reasonable parental discipline.

Harassment Charge After Breakup

RESULT  |  Not Guilty

A gentle and law-abiding man was charged with threatening to hurt his ex-girlfriend. After investigation to prepare the case and cross-examination of the girlfriend at trial, the jury concluded that the ex-girlfriend had fabricated the story as retaliation for the man breaking up with her.

Assault (2nd Degree) — 911 Tape of Call by Client Lost

RESULT  |  Dismissed

A man was charged with hitting his girlfriend and causing serious injuries. Defense investigation revealed that the man had been injured first and very seriously by his girlfriend and that it was he who had called 911. The defense documented his injuries and retained an expert to testify that his injuries were life-threatening at trial. At trial, it was revealed that the prosecution had lost the 911 tape which showed that it was the man who contacted the police for help. After convincing the court that this was a legitimate self-defense case and that a critical piece of evidence had been lost, the case was dismissed.

Assault (4th Degree) — Nurse Charged with Assaulting Her Boyfriend When She Was Actually the Victim

RESULT  |  Dismissed

A woman with no prior criminal history and a nursing license was assaulted by her boyfriend after they had been drinking in celebration of her birthday. The woman attempted to defend herself. She then called the police, but the boyfriend took the phone away from her and reported that he had been assaulted. When the police arrived, they concluded that the boyfriend, who had a prior domestic violence assault conviction, was the victim, and they arrested the woman. After doing some investigation on the case, including interviewing the boyfriend’s prior domestic violence assault victim, the defense conferred with the prosecution and convinced them that the woman was the actual victim in the case.

Representation of Alleged Domestic Violence Victim Whose Glasses Were Broken By Her Husband

RESULT  |  Dismissed

A husband and wife got into an argument at their home. The man ended up breaking the woman’s glasses and the woman called the police. The woman said she did not want the man arrested, but just wanted a record of what had occurred. The man was charged with domestic violence assault. The prosecutor agreed to dismiss the case after receiving a letter from counsel on the woman’s behalf arguing that the case should not be prosecuted.