A young Kirkland couple, very in love, were separated for almost a month after their condo neighbor heard them arguing. This resulted from a pretrial No Contact order (“NCO”). The court believed the police report synopsis that was based purely on the neighbors speculation that an actual assault had occurred. At the hearing on the motion to terminate or lift the NCO, the prosecutor took the alleged victim/boyfriend out into the hallway and tried for 15 minutes to try to talk him out of agreeing to the NCO terms being lifted. But, there had actually been no assault and the boyfriend just wanted his girlfriend to be able to come back to their home. The prosecutor then gave the judge a laundry list of reasons why the court should keep the NCO in place, arguing that there was no proof my client (the girlfriend) was in alcohol treatment, that the boyfriend’s version varied from the police report, and that she was much opposed to the court lifting the NCO. I then told the judge that although my client had had a couple drinks, and was planning to get an alcohol assessment soon, there was absolutely no proof that she needed any treatment. I added that, as to the police report, I had requested it weeks earlier, but had still not been provided with a copy. The court lifted the NCO and I stood with my clients mother as her daughter ran to the other side of the courtroom to hug and kiss her boyfriend. As they left the courthouse she was asking him if he had been doing the dishes and taking the garbage out; life back to normal!
I got the police report in today’s mail. Stay tuned for the outcome of this ridiculous charge.
Practice area(s): Criminal Defense