DOMESTIC (FATHER/SON) ASSAULT & BATTERY DISMISSED

On July 19, 2014 SI, a 46 year old letter carrier from Malden, asked his 16 year old son to get ready for bed. SI and his son got into an argument. The son told SI to go f__k himself. The son alleged that SI then struck the son across the forehead pushing the son into the wall. SI’s wife got between the two of them. SI’s daughter called 911. SI left the house. The police responded. The police took statements from SI’s son, daughter, and wife. The police applied for a criminal complaint against SI for assault & battery. The police also notified DCF (the Department of Children & Families); DCF came to the house and took statements from everyone, including SI. SI denied striking his son in the forehead. DCF was told that the son (who was 2″ taller than his father and 20 pounds heavier) got up in his father’s face and was screaming at his father. SI put his open palms against the son’s chest and simply pushed the son back from SI’s face. The DCF decided to UNsupport the allegation of abuse that had been made against SI. SI retained Attorney Robert Lewin to represent him at the hearing on the criminal complaint.
Prior to the hearing Attorney Lewin met face to face with the Malden Police Prosecutor. Attorney Lewin gave the police prosecutor a copy of the decision from the Department of Children & Families showing their determination NOT to support an allegation of abuse. In addition Attorney Lewin gave the police prosecutor a copy of a statement Attorney Lewin had taken from SI’s wife wherein she corroborated SI’s version of what had occurred. On September 16, 2014 Attorney Lewin, SI and SI’s wife appeared at Malden District Court for the hearing. Attorney Lewin had SI’s wife testify. After hearing the testimony of SI’s wife the Clerk-Magistrate DISMISSED the application for criminal complaint. As a result of this disposition SI was not charged with a criminal offense, no criminal complaint was issued against him, he was not arrested, and no criminal record was created. It was as if it did not happen. SI and his wife left the court pleased with the outcome of the case.
As in most criminal cases, preparation and communication are most important. Attorney Lewin had both SI and his wife prepared for the court hearing. Attorney Lewin had communicated fully with the Police Prosecutor before the hearing. “All the ducks were lined up” before SI and Attorney Lewin walked into the hearing room.