ANOTHER ABUSE PREVENTION ORDER VACATED

VV, a 44 year old male immigrant from El Salvador, was in the US on a temporary work visa. In 2009 he married and shortly after getting married he bought a three family house in Lynn, MA and began the task of updating the house himself. He finished the first floor apartment and rented it out. He finished the second floor apartment and he and his wife and his wife’s son (from a prior relationship) moved into the second floor. He finished the third floor and his wife told him that she wanted him out of the house. When he refused to leave she went to Lynn District Court and applied for an abuse prevention order against him. She claimed that he had hit her. VV went into court and fought the order. After a full hearing the Judge granted the wife an abuse prevention order for one year. Thereafter, the wife reported to the police that VV had violated the order by going to the house and collecting the rent from the first floor tenants. A hearing was set up to determine whether VV would be charged criminally with violating the order. At that hearing the tenants came into court and testified that VV had not been to the house and had not collected the rent from them. The application for criminal complaint against VV was denied.

On September 4, 2013 the abuse prevention order came up for renewal hearing. On September 3, 2013 VV hired Attorney Robert Lewin to represent him at the renewal hearing. Working until 1:30 in the morning Attorney Lewin put together a memorandum for the Judge arguing that it was demonstrably true that VV’s wife lied under oath in Court. Attorney Lewin told VV to make sure the tenants came to court for the renewal hearing. On September 4, 2013 Attorney Lewin and VV appeared in Lynn District Court. VV’s wife was present. Attorney Lewin filed a notice of potential self incrimination. That was a notice to the Judge that if VV’s wife testified she could incriminate herself in the crimes of filing a false police report and perjury. VV’s wife went ahead and testified. Attorney Lewin cross examined her. VV testified and was a good witness for himself. At the end of the testimony it was clear that VV’s wife was not a credible witness. The Judge denied VV’s wife request to extend the order. The Judge wrote the following: “After two party hearing there is insufficient evidence to extend the order and the prior court order is terminated”.

With only 24 hours to prepare the case, Attorney Lewin did the work that had to be done and possessed the skill and knowledge to put together a winning case. As VV and Attorney Lewin were leaving the Lynn District Court VV turned to Attorney Lewin and said “God bless you Mr. Lewin!”; it just doesn’t get any better.