Domestic Assault and Battery: Dismissed.
Husband and wife had a verbal altercation in their home one Friday evening. They exchanged profanities and other disrespectful remarks, which caused the wife to ask the husband to leave the home. The husband packed some bags and complied with his wife’s request. The next day, Saturday, the wife went to the police station to file a complaint against her husband for alleged threatening remarks. On the third day, Sunday, she returned to the police to alleged further threats she claimed to have received from her spouse. She told the police that her husband had also physically assaulted her by striking and knocking her to the ground during the verbal altercation the previous Friday evening – a fact she omitted from her police report on Saturday. Nonetheless, As a result of this stale complaint, the police charged the husband with Domestic Assault and Battery. He pled not guilty and demanded a trial. Since then, the husband filed divorce against his wife and the two are in the midst of a contentious custody battle over their infant daughter. Attorney Calcagni was prepared to defend the husband at trial by attacking the wife’s bias against her husband; motive to fabricate arising from the pending divorce and custody battle; and her ongoing addition to prescription pain medication. On the morning of trial, the wife failed to appear in Court. As a result, Attorney Calcagni successfully negotiated that this case and its charges be dismissed.