A man and his spouse experienced a verbal and physical altercation in their home. The two have been together for many years and have two young daughters. They got into an argument over the husband’s alleged addiction to prescription medications. When the wife threatened to move out with their girls, they had an argument. It turned physical when the husband grabbed her cell phone, claiming he pays the bill for it and that she could not take it with her. He allegedly also prevented her from calling 911. They then struggled over her purse and car keys. The wife reported the incident to police who arrested and charged with the man with domestic assault, domestic disorderly conduct and domestic refusal to relinquish a telephone.
The man was released on bail with a condition that he have no contact with his wife. Some days later, the wife returned to the marital home after being away for a few days with their daughters. She discovered her husband inside and unconscious, apparently due to a drug overdose. As a result, she called 911 and accompanied her husband to the emergency room where he was admitted for treatment. Her calling 911 resulted in the police responding to their home. Because the two were together in the same location, police further charged the man with violating the no contact order with his wife. This triggered both a bail violation in the first domestic case and a new criminal charge for Violation of a Domestic No Contact Order. The man and his family retained Attorney John L. Calcagni III to defend these legal matters. Attorney Calcagni successfully aided his client with avoiding a bail violation, which carries a 90-day jail sentence under the law. He also successfully negotiated for the dismissal of all charges against his client based on the couple’s desire for reconciliation and the man’s voluntary relocation from the marital home and entry into substance abuse treatment. Once the charges were dismissed, Attorney Calcagni then successfully moved the Court to seal resulting in the removal of all judicial and law enforcement records related to these matters from public record.