Massachusetts Criminal Lawyer Blog
JS, a 49 year old businessman from Essex County, was in a romantic dating relationship with CW, a 39 year old businesswoman also from Essex County. They began dating in 2015. In 2016 CW accused JS of Assault by means of a Dangerous Weapon, two counts of Assault & Battery, and one count of Grand Larceny. At that time JS consulted with and hired Attorney Robert Lewin from Andover to defend him against those charges. Attorney Lewin fully prepared that case for trial and on December 13, 2016 the case was called for trial. CW failed to appear and all the charges against JS were dismissed. Foolishly, JS took up again with CW and CW (and her young daughter) moved into JS’s house. For the next four years JS and CW lived together (with CW’s daughter). JS’s two sons (with whom he shared custody with his ex-wife) also spent a great deal of time at the house.
In April 2022, JS and CW broke up. On November 4, 2022 CW went into Newburyport District Court and obtained an ex-parte Abuse Prevention Order against JS. (An ex-parte order is an order that is granted by a judge after hearing only from the person seeking the order.) The order was served by the police on JS and had a hearing date of November 14, 2022. JS immediately called Attorney Robert Lewin and again hired Attorney Lewin to defend him against this Abuse Prevention Order.
JS was a terrific client and furnished Attorney Lewin with several years worth of emails and text messages and photographs that showed that CW was never afraid of JS and that they had had a loving relationship. She claimed in her application for the Abuse Prevention Order that he abused her over the years and that she lived in fear on him. The EVIDENCE showed that her claims were untrue.
On November 14, 2022 JS and Attorney Lewin and CW appeared in Newburyport District Court. There was a 2 1/2 hour long hearing. At the hearing Attorney Lewin introduced into evidence many of the text messages between JS and CW. Attorney Lewin also introduced numerous photographs. At the conclusion of the hearing the Judge VACATED (cancelled) the order FORTHWITH (immediately). JS left the Courthouse very relieved. Attorney Lewin turned to JS and said “J, congratulations – you won your case. Another case in the win column!”
The key to this win was in the preparation. Attorney Lewin spent hours studying all the text messages and knew the messages that showed that CW was not in fear of JS. (For example, there were messages from CW to JS in which CW wrote how much she enjoyed their sexual relations. And those texts were very explicit.) Attorney Lewin had also studied the photographs and knew the ones that showed that CW was not in fear of JS. Attorney Lewin has always said that a case well prepared is 90% won.
These Abuse Prevention Orders are dangerous and should be fought and avoided whenever possible. Attorney Lewin’s success in defeating these orders is exceptional.