Client lived with victim for years, but only her name on the mortgage. They broke up and she wanted him out and he refused, so she made up a story about him attacking her and got a DV injunction. Once he was out of their home, she then started contacting him and they texted and met up. She then eventually claimed that he was stalking her by calling pretending to be other people (which is a lie) but since he actually was texting and meeting with her (but never pretending to be someone else, and she initiated it), and each incident could be a separate (valid) criminal charge, client pled in a negotiated resolution. ag + 12 months probation + 100 hours community service, no contact, court costs, mental health evaluation and treatment. Client can buy out 1/2 hours at $10/hr. State wanted batterer’s intervention program and attorney challenged legal basis for it as there never was any “violence” and it would be outside the scope of the statute, so community service hours instead of 26 weeks of classes. Any trial would have been argument for jury nullification under theory she contacted him first, but client did commit the crime by texting and meeting with her when he knew he was ordered not to do so.

Pled no contest. Negotiated resolution ag + 12 months probation + no contact + 100 hours comm service (may buy out 1/2 at $10/hr), cc +mental health eval and any treatment. Client angry about the case, but doesn’t want to fight about it (as we’d be seeking jury nullification).