MOBILE, Ala. (WKRG) — Former Mobile Police officer Jacob Matthews is charged with one count of domestic violence for allegedly strangling his girlfriend in November of last year. He appeared in court for a preliminary hearing Tuesday morning, but waived his right to one, now the case will be sent to a grand jury.

According to court documents, Matthews allegedly suffocated his girlfriend who’s the mother of his child in November of last year.

The victim also alleges Matthews strangled her while trying to force himself into her home while holding their five-year-old child in her hands. She alleges he choked her so tightly that she lost consciousness. The victim also alleges Matthews hurt their child during the incident.

Mobile County District Attorney Keith Blackwood says a defendant does have the right to waive their hearing.

“A defendant has to request a preliminary hearing in writing,” explained Blackwood. “According to the rules here in Mobile, every defendant gets a preliminary hearing.”

According to Blackwood, Matthews is charged with a Class B felony which would land him between 2 to 20 years of jailtime if convicted.

Matthews resigned from the Mobile Police Department in March of this year.

He’s pleaded not guilty to the charges.