Client ordered his child (13yo) to the bedroom for being unruly and hanging out with others with known criminal records. Child has a history of unruly problems (police intervention). When client went to check on child, client found child climbing out the bedroom window. Client pulled child back in. Screaming and pushing followed. When child made it out the front door, client tried to restrain child. Child continued to yell and resist and eventually pulled away and took off. Child was not struck by client. Child called police and said they were assaulted by client. Police arrested client. Client had a previous domestic conviction 30 years prior to this situation. Client was charged with Felony Domestic Violence and faced prison.
I continued the Preliminary Hearing and did some extensive investigating into the child’s past. I personally believe that the child knew client would be removed from the house if the allegation made was domestic violence. I do not believe the child realized that client would be facing felony charges. Several meetings with the State ensued prior to the Preliminary Hearing. Client could not make bail and was incarcerated for over 3 weeks. The State offered client a plea to a Misdemeanor Domestic Violence. Client accepted the deal to assure he would not go to prison and to not damage the family unit any further. Client was placed on probation and had to set up a “plan” with Children Services to work his way back into the home. Client underwent a Domestic Violence screening and was found not to need counseling. Both parents ultimately lost their jobs over this incident.