KALISPELL, Mont. -

Just 34 days after Kenneth Park was arrested and released from jail for allegedly arguing with and throwing a laundry basket at his wife, the deputy attorney is back in court as a prosecutor.

"He's an excellent attorney and a good prosecutor," said Thane Johnson, Park's attorney. "He's right back where he should be serving the people of Flathead County."

We looked through the motion to dismiss where Assistant Attorney General Catherine Truman said the state doesn't think it can prove Park knowingly or purposely caused bodily harm to his wife.

"There just wasn't sufficient evidence to carry this much further than it really did," explained Johnson.

Park's wife wants a restraining order and has filed a motion for protection, but a judge has to decide next month whether she'll get it.

Anti-violence advocates tell NBC Montana domestic violence cases are m ore common than you'd think, and few catch big headlines like this one.

"It begins at the beginning of a continuum with emotional abuse, verbal abuse, and progresses to physical abuse," said Hilary Shaw of The Abbie Shelter. "One important thing to understand is when we see physical violence it means there is a history we have not seen."

But Johnson said the state echoed his thoughts from when the case first opened.

"You're innocent until proven guilty," said Johnson. "There's always a chance that someone can allege you did something. But just because they allege you did something does not mean you committed any crime."

Though Shaw is disappointed the charges against Park were dismissed, she feels the case - especially one involving a public official - will continue to raise awareness about domestic violence in our community.