Inglewood Domestic Violence Case, Client in Philadelphia

Our client, age 34, was in Los Angeles visiting his “on and off” girlfriend, age 32, in Inglewood.  He was now working and living in Philadelphia, but had grown up in the Los Angeles area.  He had been staying at her apartment for about two weeks.  The two had no children in common.  

Our client had a few arrests in the past, but no convictions.

On the day that our client was due to fly back to Philadelphia, his girlfriend told him that she wanted to permanently end the relationship.  Our client did not take this well and told her that she owed him money for the property (some stereo speakers) he had given her.  She told him, “I’m not going to pay you a damm thing.”

Our client then went toward his girlfriend’s wallet and car keys as if to take money from the wallet or drive away in her car.  The girlfriend could see what was about to happen and she grabbed him by his arm to stop him.  Our client then turned toward her and pushed her down to the floor and sat on top of her, holding her wrists and using her own hands to hit herself in her face.  He then allegedly bit her on the left cheek and she struggled away.

As the girlfriend was calling Inglewood police department, our client grabbed two large kitchen knives from the kitchen area in the apartment and attempted to again to toward his girlfriend’s wallet. 

The girlfriend then called 911 and our client grabbed his luggage and left the residence, leaving the kitchen knives in the apartment.  He did not get any money from his girlfriend’s wallet. 

Inglewood Police Department officers arrived and drove around the area, finding our client a few blocks away.  They then detained our client and brought the girlfriend to the location to do a field identification.  She was then driven to the location and did identify the man held as her former boyfriend.  Our client was then arrested.

Police noted in the police report that our client’s girlfriend had a red face, apparently from our client having used her hands to strike herself in the face, and a small bite mark on her cheek.

Our client was booked on charges of felony domestic violence and misdemeanor obstructing or delaying arrest, apparently because when asked about the incident, he only responded, “she is the one with the knives.”

Our client then posted a bond for felony domestic violence and resisting arrest and left the police station after being told his arraignment date would not be for approximately six months.  Our client then returned to Philadelphia. 

After our client had been released, police called him on his cell phone and interviewed him.  Our client affirmed many of the things his girlfriend had told the police, but also suggesting strongly that he left the apartment not out of a recognition of guilt,, but in self-defense.

When the arraignment date arrived, he did not appear in court and a bench warrant was issued.  The case was filed as a misdemeanor charge of violation of Penal Code § 273.5(a), domestic violence.

A few months after the date the warrant was issued, the client called Greg Hill & Associates and explained that he had a pending domestic violence case with a bench warrant issued because he had not appeared in court for the arraignment.  His boss at work told him about the warrant and instructed him to “take care of it.”

When the client called Greg Hill & Associates, he described the case facts to Greg Hill.  He explained he had not appeared in court because he thought the police were going to drop the case after he had explained to them that his girlfriend was the one who had the knives and he was just trying to get away from her.

Greg then explained that because his case was a domestic violence matter and he had to be served with a protective order at the arraignment, the client would most likely have to be present to be personally served with the order.  However, Greg explained, during the height of COVID-19, judges would sometimes permit a defendant out-of-state to appear under Penal Code § 977(b)(2) upon a written signed consent for the attorney to appear on his or her behalf and consent to such representation.

Greg warned the client that since COVID-19 restrictions on travel and social distancing were lifted, the judge may not accept such a consent and waiver form, but we could nonetheless try it.

Our office then prepared and sent the client such a waiver to sign in the presence of a notary.  The client then signed and returned it, even attaching a photocopy of his Pennsylvania driver’s license.

Greg then appeared in court and requested that the judge quash the bench warrant for our client, which the judge did.  However, he ordered our client to appear in court in about a month to be served the protective order (he would not permit Greg to be served on behalf of the client).

The client then did come out to California and our office negotiated a resolution wherein the client pled no contest to an amended count two for violation of Penal Code § 243(e)(1) and was placed on three years of informal probation with an agreement to attend 52 batterers program classes (online through OpenPath.com), pay a court fine of $220, make a contribution of $500 to a batterers victim fund, perform 8 hours of community service (in Pennsylvania) and stay away from his former girlfriend.

The client was happy to have the bench warrant recalled and resolve the case.

For more information about the domestic violence issues in this case, please click on the following articles: