AK, a 47 year old scientist, and his former wife, DK, went through a bitter divorce. In March of 2025 she obtainerd an abuse prevention order against him which prevented him from contacting her – except by email and then only with reference to the children (they have two). Text messages and phone calls were prohibited. On January 5, 2026, DK went to the Ashland Police Department and reported that on December 25, 2025, and again on December 31, 2025, AK had violated the order by sending her text messages. She gave the police copies of the text messages. The police filed an application for a criminal complaint in Framingham District Court against AK alleging two separate violations of the Abuse Prevention Order. The Application for Criminal Complaint was set down for a Clerk-Magistrate Hearing on March 19, 2026.
AK met with and retained Attorney Robert Lewin from Andover. Clearly, AK had violated the exact terms of the order by sending her the two text messages. BUT, there were tremedous mitigating circumstances:
- The text message that AK sent on December 25, 2025 simply asked DK to make sure the children had their winter clothes as he was ourside waiting to pick them up
- The text message that AK sent on December 31, 2025 simply said that AK was waiting outside and to send the children out.
Attorney Lewin asked AK to provide Attorney Lewin with all the text messages that had been exchanged between AK and DK. It turned out that whenever DK needed a favor from AK she would send him a text message. For example, there were text messages from DK to AK asking him to pick up the children from school when she was stuck at work and there were other text messages from her to him asking him to take the children to doctor appointments when it was not convenmiednt for her. Before the hearing date, Attorney Lewin printed out all these text messages and filed them at court as Defense Exhibits to be used at the hearing. This wqas to be a virtual hearing over Zoom. Attorney Lewin also contacted the Ashland Police Prosecutor to discuss the case before the hearing.
On March 19, 2026, Attorney Lewin and AK appeared on the zoom for the Clerk-Magistrate Hearing at Framingham District Court. The police prosecutor was present and presented the police case. Attorney Lewin went through all the text messages that DK had sent to AK when she needed help. Attorney Lewin pointed out how innnocent AK’s text messages were. The Clerk-Magistrate then noted that these two people are allowed to communicate via email. The Clerk-Magistrate then asked, for practical purposes what is the difference between communication by email or by text. Attorney Lewin then immediately responded that it is a distinction without a difference. The Clerk-Magistrate then stated “I find NO probable cause; I am DENYING the application for a criminal complaint; this case is DISMISSED.
AK was thrilled with the result. Attorney Lewin has always maintained that a case well prepared is 90% won. Attorney Lewin, with AK’s help, had fully prepared the case. This type of result is very common for Attorney Robert Lewin. Attorney Lewin was an Assistant District Attorney and for the last 51 years has limited his law practice to Criminal Defense. There are very few lawyers in Massachusetts who bring the years of experience and breath of knowledge – and simple know how – that Attorney Lewin brings to every case and every client.