2 Harassment Prevention Order Wins and 1 Abuse Prevention Order Win

AW and BD met about six months ago and fell in love. AW moved in with BD and life was grand. AW had been in a prior relationship with MA and AW and MA had a son – who is now age 25! AW’s relationship with MA had been on and off over the last 25 years. AW ended his relationship with MA for good about 2 years ago. MA did not take well to the end of the relationship and began a pattern of texting AW and BD. She (MA) had the ability to make her text messages appear as if they were coming from a phone number that was not hers. The text messages became more frequent and more threatening. MA even went so far as to send a text to BD’s employer saying that BD was a terrible employee. BD had a high level job at a major hi tech company and said enough is enough. BD filed for a harassment prevention order in Lawrence District Court and sought out a lawyer to represent her at the hearing. BD met with and hired Attorney Robert Lewin from Andover to prosecute her complaint for protection from harassment against MA. BD and Attorney Lewin spent many hours gathering all the text messages that MA had sent and made copies (42 pages of text messages) in preparation for the hearing. Attorney Lewin met at length with BD and AW and prepared them for testifying at the hearing.

On March 31, 2021 BD and AW and Attorney Lewin appeared at Lawrence District Court for the hearing. MA was also present and she had an attorney with her as well. BD testified as did AW and Attorney Lewin presented in evidence all the text messages and through the text of the messages themselves Attorney Lewin was able to establish that the messages had come from MA. MA herself testified and denied sending the messages. Attorney Lewin had obtained an affidavit that MA had signed in Peabody District Court. Her statements in that Affidavit directly contradicted her testimony in Lawrence District Court. The Judge in Lawrence District Court granted BD’s complaint for an Harassment Protection Order and stated from the bench at the end of the hearing that she found that MA had committed perjury. (That was win#1.)

Having lost in Lawrence District Court, MA went to Peabody District Court immediately after the hearing in Lawrence and filed for an Harassment Prevention Order against BD and for an Abuse Prevention Order against AW. “Hell hath no fury ….” BD and AW were served with notices of the complaints against them and they both¬† retained Attorney Lewin to defend them against the orders in Peabody District Court.

On April 7, 2021 BD (and AW) appeared in Peabody District Court with Attorney Lewin for the hearing on MA’s complaint for an harassment prevention order against BD. The hearing began and MA presented her case. At the completion of her presentation it was clear to Attorney Lewin that MA had not presented sufficient evidence for the Judge to enter an order. Attorney Lewin immediately rested BD’s case and with no further adieu the Judge denied MA’s complaint for an order against BD. (This was win#2.)

On April 27, 2021 AW (and BD) appeared in Peabody District Court with Attorney Lewin for the hearing on MA’s complaint for an abuse prevention order against AW. MA was also represented by a lawyer. MA testified and just told lie after lie after lie. Attorney Lewin had the recording of her testimony from the trial in Lawrence District Court. In addition Attorney Lewin had all the (false) affidavits that MA had signed and filed. Attorney Lewin zeroed in on MA and was able to expose all her lies. At the conclusion of the hearing the Judge denied MA’s complaint for an abuse prevention order against AW. Similar to what the Judge in Lawrence District Court had said, the Judge in Peabody said that he credited (believed) the testimony of AW and BD and the Judge went even further and said that he did NOT credit (believe) the testimony of MA. (This was win#3.)

These harassment prevention orders and abuse prevention orders can have very serious potential consequences. Once an order is granted, all it takes is a phone call from the complainant to the police saying that “he drove by my house” and the Defendant gets arrested. In this case Attorney Lewin worked very closely with BD and AW. They were fully prepared how to testify.¬† Attorney Lewin put them through a trial preparation session. In addition all the documents were prepared ahead of the trial and were studied. AW and BD were great clients and helped in gathering and preparing all the documents for the trials. The hard work paid off and all three cases were won. Both BD and AW thanked Attorney Lewin after each win.

 

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