Our client appeared in court for a final hearing on a domestic violence injunction. The petitioner in the case claimed that made the comment “you’re finished”. Our client stated that he was making that comment in reference to his girlfriend returning from the bathroom. He was then charged with a 1st degree misdemeanor for making contact with the petitioner.
RESULT: It was then discovered that the petitioner was bipolar where she had falsely accused our client of breaking the injunction eight separate times in one day. The State announced its intention to try and exclude testimony relative to the petitioner’s mental health and false accusations. After diligent negotiations with State that the mental health of the petitioner would more than likely be admissible, the State offered no conviction, no probation and a limited fine.