There’s an update following Artem Chigvintsev ‘s arrest late last month. The 42-year-old Dancing With the Stars pro dancer was arrested on a felony domestic violence charge back in August after an altercation in Napa, Calif., where he has a house with now estranged wife Nikki Garcia .

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His mugshot was also released , and he was released on bail later that afternoon. Now, nearly a month after the arrest, the Napa County District Attorney announced they won’t file criminal charges against Artem . According to a press release from the DA’s office, the decision was made “after a thorough review of the criminal investigation and careful evaluation of the evidence presented to the DA’s Office.

“While we take every arrest seriously and stand firmly against domestic violence, we have an ethical obligation to only file charges when supported by the evidence,” Napa County District Attorney Allison Haley shared in a statement. “We are required to prove any and every criminal charge ‘beyond a reasonable doubt’ which is the highest standard in the American criminal justice system. If the available evidence doesn’t rise to this level of proof, then we cannot ethically file charges.

” While no charges are being filed at this time, the DA’s office could revisit the case “if it learns of other incidents, or otherwise learns of facts or evidence not previously known.” Since the arrest, Artem ‘s wife Nikki has filed for divorce af.