VIOLATION OF AN ABUSE PREVENTION ORDER – NOT GUILTY VERDICT

On September 19, 2013 JP, a 64 year old retired electrician from Revere was at the Essex County Probate Court in Salem for a hearing in a divorce case with his wife. There was an outstanding abuse prevention order that was in effect that she had taken out against him. The order prevented JP from having any contact with his wife. JP was in the hallway of the courthouse waiting for his divorce lawyer. JP’s wife and three friends of hers were also in the hallway. At one point JP’s wife walked down the hallway to the lady’s room. When she returned she walked past JP and she claimed that he began to swear at her and make rude comments to her. JP’ wife returned to her friends and JP saw one of the friends take out her cell phone. JP walked out of the hallway and left the building. The courthouse security and the Salem Police responded to the courthouse; a warrant was issued for JP’s arrest for violation of an abuse prevention order. Subsequently JP turned himself in to the Court and was arraigned and released. JP then retained Attorney Robert Lewin. One of the people with JP’s wife had been videotaping JP while they were all sitting in the hallway. Attorney Lewin filed a detailed motion for a copy of the video. Attorney Lewin pressed the DA’s Office for a copy of the video and ultimately the DA’s Office responded that the video “no longer existed”. JP was terrified of going to trial; and insisted that he would not go to trial. Attorney Lewin explained to JP that in this case he should not fear going to trial that they had a great shot at winning the case. Attorney Lewin prepared JP at length for the trial. There were trial rehearsal sessions in the office. Attorney Lewin taught JP how to look at the Jury and how to give answers to questions to the Jury. Attorney Lewin summonsed 4 witnesses (2 police officers and 2 civilians) to establish that JP’s wife had made two prior false allegations of violations of the abuse prevention order. The jury trial took place in Salem District Court on January 13, 2014.Through cross examination Attorney Lewin was able to destroy JP’s wife and her witness with the video camera on the witness stand. JP took the witness stand and was ready and unshakeable. He came across as sincere and honest. The jury went out to deliberate and twenty minutes later they were back with a verdict of not guilty. JP was thrilled.