First of all Domestic Violence is wrong. Who among us can say that we have never had heated arguments with our loved one, when someone loses their temper and regrets it later. Domestic Violence is a pattern of abuse both physical and mental intended to control the victim. This case seems more like a very terrible incident in two people's lives.

Monserrate does not have any prior arrests for domestic violence, nor does he have a history of domestic violence. Both Monserrate and Giraldo have wanted to put this case behind them. They have repeatedly requested that the order of protection be lifted so they can be together again. The judge denied this. What should have happened in this case is that the DA should reviewed all the evidence including the victims testimony to the grand jury, they should have interviewed Giraldo's friends, co-workers, and family to see if there was a history of violence, this would have determined if their existed a history of abuse and violence. Someone would have said something to the DA.

Somewhere along the line we need to believe Giraldo when she repeatedly states it was an accident. If the alleged victim is saying that under oath, then that is pretty powerful evidence. We need to refocus the case to what it really was; an unfortunate incident in a couple's lives, not a domestic abuse situation.