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PFA Dismissed following hearing in Berks County Court of Common Pleas

by | Apr 15, 2011 | Criminal Law |

Yesterday I (Attorney Dan Nevins) represented a client facing Protection From Abuse (PFA) petition. The allegations involved a domestic altercation which took place at a crowded nightclub in Reading, PA. According to the Plaintiff’s narrative in the Temporary PFA, my client approached her, grabbed her around the neck and slapped her twice on the face. To support her claim, Plaintiff intended to use an independent witness who was a dance instructor at the club.

My client denies laying a hand on his spouse. He does not deny encountering her at the club where he had gone to shoot pool with his father. To support our position we were able to present the testimony of the club’s security guard who witnessed the whole thingcheap bounce house for sale.

During the hearing we were able to impeach the credibility of the Plaintiff’s “independent” witness. As it turned out she was Plaintiff’s salsa instructor who was sitting at a table drinking beer with Plaintiff and two other male instructors when this allegedly happened. My true independent witness confirmed he that he knew neither my client nor the Plaintiff. He went on to state that he watched the entire encounter and my client did not lay a hand on her. Moreover, he would have kicked my client, or any other, out of the club if there was any physical violence. I do owe a special thanks to client’s brother for tracking down this witness and bringing him into court on short notice.

In the end, the Judge dismissed the PFA after hearing all the testimony.



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