SC, a 28-year-old waiter, was cited for violating a restraining order. Specifically, SC was accused of calling his ex-girlfriend over 100 times in a one-hour period in violation of a restraining order. A criminal case based on essentially the same conduct was already pending against SC.

SC hired Attorney Henry Fasoldt to represent him at the Magistrate's hearing.

The Magistrate agreed to dismiss the complaint due to the existence of an open case based on the same incident.