Jennifer Horwitz Law
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Posts in Domestic Violence
Representation of Alleged Domestic Violence Victim Who Denied Assault

RESULT  |  Dismissed

A husband and wife were on their way home from a weekend night out. The woman was intoxicated and had an agreement with her husband that he was to keep her safe and not allow her to take off on her own, which she often tried to do while intoxicated. Witnesses saw the man try to physically restrain the woman and believed what they were witnessing was a domestic violence assault. They called the police and the man was arrested. The woman always maintained that her husband had not assaulted her. The husband was charged and a no contact order was issued. After appearing at a hearing with the woman, the court agreed to lift the no contact order and after persuading the prosecutor that no assault had taken place, the case against the husband was dismissed.

Assault (4th Degree) — Domestic Violence Report By Woman Pushed out of the Bathroom

RESULT  |  Dismissed

A professional man in his sixties, with a loving family and successful career, had no prior criminal history but was having trouble in his marriage over an issue that had angered his wife. As he and his wife were verbally arguing, he requested that she leave him alone to take a shower. The wife proceeded to follow the man into the bathroom and continue to argue with him. The man pushed the woman out of the bathroom. The woman called 911 and the man was charged with domestic violence assault. After presenting the prosecution with information about the man, and the man attending a two-hour class about domestic violence, the prosecution agreed to dismiss the case.

Assault (4th Degree) — Domestic Violence by Parent toward Assaultive Teenager

RESULT  |  Dismissed

A professional and law-abiding man got into a verbal argument with his eighteen-year-old daughter because the daughter announced she was leaving and would not disclose where she planned to spend the night. The daughter began to physically assault the man after he attempted to block the door to prevent his daughter from leaving the house. The daughter hit the man with a shoe, threw a chair at him and bit him. The man then hit his daughter in the face and was charged with domestic violence assault. The defense interviewed the daughter, who was honest about her role in the incident. After presenting the prosecution with information about the man, who had no criminal history and was a professional, and after the man agreed to attend a 1-day anger management class, the prosecution agreed to dismiss the case.

Domestic Violence Assault (4th Degree) — Teenager Fabricates Allegation Against Father

RESULT  |  Dismissed

A teenager with a prior drug and mental health history accused his father of assault, alleging that the father punched him and ran over his foot with a car. The father had no prior criminal history and was a legal professional with his own business. After interviewing witnesses, compiling evidence about the teenager and the father, as well as obtaining pictures taken of the teenager by law enforcement, the defense was able to persuade the prosecution that the allegation was fabricated and the case was dismissed.

Domestic Violence Assault (4th Degree) — Graduate Student Charged with Assaulting his Girlfriend When There Evidence He Was the Real Victim

RESULT  |  Dismissed

A young man in graduate school with no prior criminal history was accused of assaulting his girlfriend. The girlfriend alleged she had been kicked and punched repeatedly and that she was covered in bruises, but the police took no pictures and reported seeing no injuries. The girlfriend was covered in the man’s blood when the police arrived. She alleged he had punched a mirror in anger. The man said the girlfriend had attacked him with the mirror. He had serious injuries to his hand. The girlfriend had some training in martial arts. There had been a previous incident where the girlfriend had been arrested after assaulting the man. In the previous incident, she was covered in the man’s blood when the police arrived. After the defense interviewed several witnesses and pressed for contact information for additional witnesses that the girlfriend said would corroborate aspects of her story, the girlfriend stopped participating in the prosecution and the case was dismissed.

Domestic Violence Assault (4th Degree) — Young Man Charged After Witness Said He Pushed His Girlfriend to the Ground outside Concert

RESULT  |  Dismissed

A young man who had been drinking and who had no prior criminal history was accused by a witness of pushing his girlfriend to the ground on a dark, rainy night outside a concert venue. The girlfriend told police she had tripped and fallen in the mud and that her boyfriend had not pushed her. The defense presented the prosecutor with information obtained through investigation and character references as well as proof that the man did not have an alcohol problem. The prosecution agreed to dismiss the case.

Domestic Violence 4th Degree Assault – From Warrant Status to Dismissed

RESULT  |  Dismissed

A man had a case from when he was living with his boyfriend and two other roommates and one of the roommates had reported that the man had assaulted his boyfriend. The man failed to appear for court and the case was in warrant status. After quashing the warrant, investigating the case and conferring with the prosecutor’s office about their proof problems, the case was dismissed.

Domestic Violence Assault 4th Degree — Girlfriend reported assault but she also caused property damage

RESULT  |  Dismissed

This fact pattern was at play in two cases that were both dismissed. In both cases the woman initially reported an assault. The woman also had admitted to causing property damage during the argument with her husband/boyfriend. In both cases, in the course of representing the girlfriend and wife who did not want the charges to be pursued, the cases were each dismissed.

Domestic Violence Assault 4th Degree — Two Witnesses Report Assault

RESULT  |  Represented alleged victim – Dismissed

A man had been dating a woman for a few weeks and was meeting her friends for the first time on a camping trip. The man suffered from diabetes and had forgotten to bring insulin to the campground. He had been fighting with the woman at the campground because she and her friends had been using drugs. Once he realized he needed his insulin, he got into the woman’s truck and left the campground to go get his insulin. He picked up belongings he had left at the woman’s apartment and left her truck there. The woman initially reported that her truck had been stolen but when the police could not take any action on the report (because she had given the man her keys), she then reported that the man had assaulted her. A friend at the campground reported that she had seen the assault. After investigating the case and pointing out problems with the case to the prosecutor, the case was dismissed.

Domestic Violence Assault 4th Degree Investigation and Protection Order Case — Woman Blamed Self-Inflicted Injuries on Her Boyfriend

RESULT  |  No protection order granted and no charges filed

A man was in a relationship with a woman who drank alcohol even though she was on a medication that was not supposed to be mixed with alcohol. On the night of the incident, the woman had been drinking and mixing her medication with alcohol. She provoked an argument with the man, who locked himself in a space apart from the woman. The woman banged on the door, screaming and threw glass at the door. At the end of the incident, the woman was bleeding and bruised and reported that the man had caused the injuries to her. This prompted a criminal investigation of the man. The woman also petitioned for a protection order against the man. After interviewing witnesses who were at the scene, documenting the damage to the scene and other important facts, the prosecutor’s office declined to file charges against the man and the woman’s petition for a protection order was denied.

Domestic Violence Assault 4th Degree — Girlfriend said Assault Never Happened

RESULT  |  Represented alleged victim – Dismissed after short continuance

A man, his girlfriend and another friend were all in a car. The girlfriend was intoxicated and being distracting in the back seat. The man pulled over and turned around and grabbed the sleeve of his girlfriend’s jacket to get her attention and impress upon her that she needed to stop distracting him from driving. Police that happened to be on the scene believed that the man punched his girlfriend in the face when he reached into the back seat. She had no visible injuries at the scene or in the days after the stop.