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Man Avoids Domestic Violence Charge After Asking For A Divorce

Oct 28 2016, by Jessica McElfresh in Case Results, Criminal Defense, Domestic Violence

When authorities become involved in situations revolving around a domestic violence situation, the scene is usually chaotic and sometimes innocent citizens find themselves unnecessarily charged. If this ever happens, it is essential to consult with an experienced criminal defense attorney, who can move through the complicated criminal process to set things right. Not long ago, a 67-year-old man advised his wife of 45 years that he’d like a divorce, which understandably resulted in a significant argument. During the confrontation, the wife used a mobile phone to taunt him, stating that she was going to drain their joint bank accounts. The man subsequently grabbed the phone and threw it to the ground, smashing it. This caused her to flee to a neighbor’s, where she called 911 and when police arrived, arrested him for domestic violence. Feeling as though his wife was actually the aggressor in their relationship and in order to avoid the ramifications of a baseless domestic violence conviction, this worried man decided to consult with a legal professional to go over his options.

This obviously led the man to McElfresh Law, where San Diego criminal defense attorney Jessica McElfresh met with him to discuss the situation. During the consultation, attorney Jessica McElfresh noticed the visible bruises, apparently caused by the wife in their quarrel. Therefore, in an effort to alleviate the man’s legal worries, attorney McElfresh began discussing the incident with the prosecutor. Through attorney McElfresh’s tactful ability to articulate a clear sequence of events, the prosecutor agreed to forgo filing official charges against her client. This end result gave the man significant comfort and due to his proactive decision to retain a skilled defense lawyer, he could move past this incident with no lasting criminal consequences.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.