The police were called to the Smith's (a pseudonym) house after neighbors called about a loud, heated argument next door. Upon arrival the lead office noticed that Mr. Smith had scratches on his arms and neck. Mr. Smith denied that his wife scratched him. Nevertheless, the police arrested Mrs. Smith. There was no additional evidence. Mrs. Smith was charged with "Assault and Battery." Mr. Smith told police and the DA's office that he did not want the case to be prosecuted. The family hire Henry Fasoldt to help them. On the next day in court, Mr. Smith asserted his "spousal privilege" not to testify against his wife." Without the testimony of Mr. Smith the case was dismissed as there was no other evidence.