Two Harassment Prevention Orders Dismissed

MW and her husband SW own a condominium unit in Ipswich. Their unit is one of eight units in this small complex. MW served as president of the condominium association. One of the owners in the association, KN, was very difficult. She paid her condo fees late; she abused her parking privileges; and she committed other violations of the rules and regulations of the condominium association. As president of the condominium association it was MW’s job to enforce the rules. MW sent KN a series of emails and called her as well to get her to comply. On August 30, 2017 KN went to Ipswich District Court (now in Newburyport) and applied for an Harassment Protection Order against MW and her husband SW. The Court sent out a Notice to MW and SW that there would be a hearing on September 15, 2017 at which hearing the Judge would decide whether or not to issue an order against either or both MW and SW.

MW and SW met with and retained Attorney Robert Lewin from North Andover. After reviewing the Complaints for Protection from Harassment and KN’s Affidavits and after having taken a detailed statement of the facts from MW and SW, Attorney Lewin was very confident that there was absolutely no basis whatsoever for the court to grant an order. MW and SW were great clients. They furnished Attorney Lewin with copies of all the condominium documents and all the email correspondence between them and KN. It was abundantly clear that all the emails and all the contact between MW, SW, and KN grew out of and concerned legitimate condominium business. Attorney Lewin thoroughly prepared MW and SW for the hearing. He went over their testimony with them in great detail.

On September 15, 2017 Attorney Lewin and MW and SW appeared at the Court ready for the hearing. KN was present as well. The case was called. KN testified. The Judge could see that there was no harassment here, that all the contact between MW and SW with KN had to do with legitimate condominium business. At the conclusion of the hearing the Judge said he was dismissing KN’s applications for harassment prevention orders immediately.

MW and SW left the Courthouse with Attorney Lewin. MW and SW sent Attorney Lewin an email later in the day thanking Attorney Lewin for preparing them so well and for preparing the case so well. As with any contested case in Court, winning is mostly in the preparation. A case well prepared is 90% won.