Abuse Prevention Orders

January 22, 2025

ANOTHER ABUSE PREVENTION ORDER DEFEATED

CP, a 35 year old male, and his husband, GP, a 43 year old male, have been married for 5 years. There were considerable tensions in the marriage. On January 8, 2025, GP, applied for an Abuse Prevention Order in Lawrence District Court and was granted a temporary order. The order was scheduled for a two party hearing on January 22, 2025. CP was served with the order and immediately sought out a lawyer. CP met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately went over to Lawrence District Court and obtained a copy of GP’s complaint and affidavit. Attorney Lewin and CP went thorough GP’s affidavit together. It was readily apparent that GP was not alleging any physical abuse. Under a 2024 change in the law, physical abuse is no longer required to obtain an order. The 2024 change in the law added “coercive control” as a basis for obtaining an Abuse Prevention Order. This is what GP was alleging in his complaint. The new law defines “Coercive Control” as follows:

“(a) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy, including, but not limited to:

August 10, 2024

Violation of a Protective Order – NOT GUILTY AFTER TRIAL

by Robert D. Lewin

TD is a 57 year old investigative reporter and publisher of a monthly newspaper in the Merrimack Valley. A woman in New Hampshire whom he was investigating obtained a protective order against TD. The order required him to stay away from her and to not enter upon her place of employment. On April 20, 2024, TD attended an engagement party at a church in Methuen. During the course of the party, TD posted a picture on Facebook showing him at the party within the church. Unbeknownst to TD, the woman allegedly had an office within the church and used the church to run certain functions. While at the engagement party, TD learned that the woman used the parking lot of the church to park her vehicles. Upon learning this, TD immediately left the engagement party. TD went home and went to bed. At one in the morning the police were at his door, woke him up, arrested him for allegedly violating the order, cuffed him, and brought him to the police station. TD was denied bail and spent the remainder of the weekend in jail.

TD had a lawyer who handles his civil affairs. He called the civil lawyer from the jail and the civil lawyer called Criminal Law Attorney Robert Lewin from Andover. On Sunday, April 21, 2024 Attorney Lewin went to the Methuen Police Station and met with TD. Attorney Lewin agreed to represent TD. At the police station, Attorney Lewin was able to gather all the information he needed to represent TD the next morning at TD’s Arraignment in Lawrence District Court. On Sunday night, Attorney Lewin prepared a lengthy memorandum for the Judge setting forth the reasons why TD should not be held on bail, but rather released. On Monday, April 22, 2024, TD was transported to court by the police. TD was arraigned and the Judge agreed with Attorney Lewin that TD should be released and he was released. The case was continued to May 23, 2024 for a pre-trial and the case was then set down for trial on July 29, 2024. Attorney Lewin, working with TD, fully prepared the case for trial. There were five defense witness whom Attorney Lewin spoke with in detail. The witnesses were fully prepared to testify. Attorney Lewin fully prepared TD to testify. In addition, Attorney Lewin had taken a series of pictures of the exterior of the church which proved very helpful at the trial. TD himself was an extremely helpful and cooperative client.

On Tuesday, July 29, 2024, the case was called for trial by jury in Lawrence District Court and both sides answered that they were ready for trial. The trial went all day on Tuesday and the jury got the case on Wednesday mid-morning. Attorney Lewin made a very forceful closing argument to the jury. It took the jury 36 minutes to return with a verdict of NOT guilty. TD gave Attorney Lewin a bear hug in the Courtroom! It just doesn’t get much better.

March 2, 2024

Harassment Prevention Order Defeated

by Robert D. Lewin

LO, a 60 year old Asian engineer, lives with his wife and daughter on the first floor of a two family house in Somerville. LO’s wife’s sister used to live on the second floor with her husband (JL). LO’s wife’s sister and her husband (JL) are going through a bitter divorce and the sister moved out leaving JL alone on the second floor. JL applied for an emergency harassment prevention order again LO, claiming that LO had harassed him, on three separate occasions. In his affidavit for the order, JL alleged that LO had struck him in the face, driven his car at JL, and chased after him. LO met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin took a detailed statement of the facts from LO and interviewed several witnesses who had been present at one of the three occasions mentioned in JL’s affidavit. Attorney Lewin thoroughly prepared LO and the witnessed for the court hearing.

On January 17, 2024, LO, his witnesses, and Attorney Lewin appeared in Somerville District Court for the court hearing. JL was there with his lawyer. After a hearing that lasted almost 1 hour, the Judge vacated the emergency order and ruled that JL was NOT entitled to an order. LO left the courthouse a happy client.

November 8, 2023

Violation of an Abuse Prevention Order – NOT Guilty after Jury Trial

by Robert D. Lewin

BK, a 34 year old business owner, had been ordered to have no contact with his ex-wife and to stay 100 yards away from her and her home. He was accused of violating the order by driving in front of her house, slowing his vehicle down, giving her the middle finger, and yelling “F..K You” twice at her. She testified that she had been sitting by her front window in her living when this happened and that she was texting someone at the time so she had her phone in her hand and she took a picture of his vehicle. This allegedly happened in Marblehead and she testified that she was familiar with his Black Chevy Tahoe, that she new his voice when he yelled at her, and that she saw his face in the vehicle. It turns out that BK’s vehicle was towed to a repair shop 2 days before the date of the alleged crime and was inoperable for two weeks. BK actually had a picture on his cell phone, time and date stamped, that showed his vehicle on the tow truck being driven away by the tow truck driver two days before the alleged incident. BK also had photos that BK had taken at his son’s basketball game at a time shortly before the alleged incident.

BK had been represented by another attorney and was unhappy with the lawyer. BK contacted Attorney Robert Lewin from Andover and came for an initial consult. BK was very happy with the attention Attorney Lewin gave him. They discussed all the evidence, photos, and witnesses. BK hired Attorney Lewin. The case was scheduled for trial on November 7, 2023 in Lynn District Court.

In the weeks leading up to the trial BK came to Attorney Lewin’s office for two long trial preparation sessions. BK did not feel he would be a good witness. Attorney Lewin told him otherwise. and Attorney Lewin thoroughly prepared BK to testify.

November 16, 2022

Abuse Prevention Order Defeated

by Robert D. Lewin

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.

September 15, 2022

Violation of an Abuse Prevention Order – NOT Guilty

by Robert D. Lewin

JT, a 27 year old strikingly handsome black male, was in a romantic relationship with BN, a 36 year old very handsome white male. The two men looked as if they had come out of central casting for the bachelorette. JT broke off the relationship and BN did not take well to the break up. On May 24, 2021 BN went over to Newburyport District Court and obtained an “ex-parte” abuse prevention order against JT. An ex-parte order is an emergency order where the Judge hears only from the party seeking the order. The person against whom the order is sought does not know of the proceedings and is not present. On that same day, the Methuen Police served the order on JT at his parents home in Methuen. On the next day, May 25, 2021, after work, JT drove up to Newburyport District Court just before it closed at 4:30 and obtained a copy of the the papers from the restraining order case. JT then returned home arriving home shortly after 5:00 PM. JT remained at home the rest of the evening. At about 7:45 pm that same evening the police showed up at JT’s house and arrested him for violating the abuse prevention order that had been issued the day before. BN had claimed that JT was following him late that afternoon at a park in Boxford.

Unfortunately for BN, but fortunately for JT, JT’s cell phone tracks his whereabouts. The GPS trazcking data showed that JT had driven from Methuen to Newburyport and then from Newburyport back to Methuen with no side trips to Boxford. The GPS tracking data also showed that JT was in his home thereafter and did not leave and did not go to Boxford.

JT had hired a lawyer (not Attorney Lewin) and his case just sat. The communication between JT and the other lawyer was not good. Finally, JT sought out new counsel. JT met with and retained Attorney Robert Lewin from Andover. Attorney Lewin thoroughly reviewed and organized all the GPS data. Attorney Lewin thoroughly reviewed all the factual details with JT. Attorney Lewin interviewed JT’s family members who could testify that he was at home that evening.

June 30, 2022

Harassment Prevention Order Defeated

by Robert D. Lewin

UE, a 21 year old male college student, had worked with ND, a female in her mid-twenties, for a number of summers. In the summer of 2021 UE was let go from his work due to a poor performance review he had been given by ND. That poor performance review festered in UE’s mind for almost a year. In May of 2022 UE began sending ND and her superiors at the place of work a disturbing barrage of angry text messages. The messages threatened to accuse ND and her superiors of various crimes. The messages referred to ND using the “C” word and were laced with profanity. ND went to court and obtained an emergency harassment prevention order against UE. The order was served on UE and was scheduled for a hearing in Haverhill District Court on June 30, 2022.

UE’s parents contacted Attorney Robert Lewin from Andover. Attorney Lewin met with UE and his parents via zoom. UE’s parents retained Attorney Lewin. UE sent Attorney Lewin all the text messages that he had sent to ND and her superiors. The texts were disturbing; but Attorney Lewin noticed that the texts did not contain any threats to physically harm ND or to physically harm her property. Attorney Lewin explained to UE and his parents that the Supreme Judicial Court of Massachusetts had ruled that in order to grant an harassment prevention order based on fear, the person seeking the order must prove that they had been placed in fear of physical harm or fear of physical damage to property.

On June 30, 2022 (only four days after being retained) Attorney Lewin and UE and his parents appeared in Haverhill District Court. ND was also present. The case was called and ND got up and told the Judge about all the messages and gave the Judge a folder of all the text messages printed out. The Judge read the messages. The Judge turned to Attorney Lewin and asked if Attorney Lewin wanted to question ND. Attorney Lewin responded “I have just two questions”. Attorney Lewin turned toward ND and asked her if UE had ever threatened to cause her physical harm,. ND replied no. Attorney Lewin asked her if UE had ever threatened to physically harm her property. ND replied no.

May 7, 2021

2 Harassment Prevention Order Wins and 1 Abuse Prevention Order Win

by Robert D. Lewin

AW and BD met about six months ago and fell in love. AW moved in with BD and life was grand. AW had been in a prior relationship with MA and AW and MA had a son – who is now age 25! AW’s relationship with MA had been on and off over the last 25 years. AW ended his relationship with MA for good about 2 years ago. MA did not take well to the end of the relationship and began a pattern of texting AW and BD. She (MA) had the ability to make her text messages appear as if they were coming from a phone number that was not hers. The text messages became more frequent and more threatening. MA even went so far as to send a text to BD’s employer saying that BD was a terrible employee. BD had a high level job at a major hi tech company and said enough is enough. BD filed for a harassment prevention order in Lawrence District Court and sought out a lawyer to represent her at the hearing. BD met with and hired Attorney Robert Lewin from Andover to prosecute her complaint for protection from harassment against MA. BD and Attorney Lewin spent many hours gathering all the text messages that MA had sent and made copies (42 pages of text messages) in preparation for the hearing. Attorney Lewin met at length with BD and AW and prepared them for testifying at the hearing.

On March 31, 2021 BD and AW and Attorney Lewin appeared at Lawrence District Court for the hearing. MA was also present and she had an attorney with her as well. BD testified as did AW and Attorney Lewin presented in evidence all the text messages and through the text of the messages themselves Attorney Lewin was able to establish that the messages had come from MA. MA herself testified and denied sending the messages. Attorney Lewin had obtained an affidavit that MA had signed in Peabody District Court. Her statements in that Affidavit directly contradicted her testimony in Lawrence District Court. The Judge in Lawrence District Court granted BD’s complaint for an Harassment Protection Order and stated from the bench at the end of the hearing that she found that MA had committed perjury. (That was win#1.)

Having lost in Lawrence District Court, MA went to Peabody District Court immediately after the hearing in Lawrence and filed for an Harassment Prevention Order against BD and for an Abuse Prevention Order against AW. “Hell hath no fury ….” BD and AW were served with notices of the complaints against them and they both retained Attorney Lewin to defend them against the orders in Peabody District Court.

December 15, 2020

HARASSMENT PROTECTION ORDER DENIED

by Robert D. Lewin

TP is a 34 year old sales manager working for an international company based in Massachusetts. He resides in Canada. In 2016 he was at the company headquarters in Massachusetts and went up to Salem on Halloween night. He met a married woman (NR) and they began a dating relationship. He would visit her when he was in MA and she made several trips to Canada to visit him. Well as luck would have it NR got pregnant and in August 2018 a baby daughter was born. DNA tests established that TP was the father. Their dating relationship continued and he developed a relationship with their daughter. He came to MA often and always spent most of the time here with his daughter. He had FaceTime visits with her almost daily. For Halloween 2020 TP came down to MA and spent ten days here. Most of that time was spent with his daughter – who is now 2+ years old. At the end of his ten day visit TP returned to Canada. When he got back NR told him that she was cutting off all of his contact with their daughter and that NR did not want him contacting her (NR). NR also said that she would not facilitate FaceTime visits with their daughter any longer.

TP was then served with a Notice from Lynn District Court that NR had applied for a restraining order against him and that a hearing was scheduled for Monday, December 14, 2020 via ZOOM. TP had commenced proceedings in the Probate Court to establish paternity and get visitation, but his Probate Court lawyer told TP that she did not handle restraining order cases in the District Court. TP contacted and retained Attorney Robert Lewin from Andover to represent him in Lynn District Court to defend against the Harassment Protection Order. Attorney Lewin immediately obtained copies of the Complaint for Protection and the Affidavit that NR had filed at Court. TP sent to Attorney Lewin all the text messages between TP and NR as well as some text messages that NR had sent to TP’s sister. These text messages were important because they clearly showed that NR had made absolutely no complaints to TP (or his sister) that TP was harassing NR. Attorney Lewin electronically filed all the text messages with the Court so that they could be used during the hearing before the Judge. Attorney Lewin also electronically served copies of the text messages on NR.

The Court hearing was scheduled for Monday, December 14, 2020. On Friday, December 11 and again on Sunday, December 13 Attorney Lewin and TP spent about 1 1/2 hours (each day) preparing for the Court hearing. TP was fully prepared to testify at the hearing and Attorney Lewin even told TP what to wear for the ZOOM hearing. At 10:00 AM on Monday, December 14, 2020 TP and Attorney Lewin and NR and her attorney appeared before the Judge via ZOOM. In order to get an Harassment Protection Order NR needed to prove three separate acts of willful and malicious conduct. NR’s affidavit itself did not allege or set forth three separate acts. When the case was called Attorney Lewin told the Judge that the Defense was ready. NR and her lawyer folded their tent and withdrew their request for an order.

October 4, 2020

Eight Warrants Cancelled – Probation Violations Dismissed – Huge Win

by Robert D. Lewin

In March of 2019, JF, a 47 year old single father of two disabled children living in AZ contacted Attorney Robert Lewin of Andover, MA. JF had eight warrants outstanding – all in Malden District Court. The warrants dated back to 2008 and 2009. As a result of the warrants JF’s right to drive had been suspended by the Massachusetts RMV. That suspension had been entered into the National Driver Register and as a result JF had not been able to renew his AZ license since 2010. JF asked Attorney Lewin to look into the warrants and advise him. Attorney Lewin went to Malden Court and was able to get all the papers from the eight cases. In four of the cases, JF had plead guilty back in 2008 and had 3 suspended sentences hanging over his head: there was a 1 year suspended sentence, a 6 month suspended sentence, and a 3 month suspended sentence. All of the cases were convictions for violating an abuse prevention order. In addition, JF had 4 additional cases – all for violation of an abuse prevention order – on which he had never been arraigned. [JF’s former wife had obtained an abuse prevention order against JF and JF violated the order 8 times.].

JF was in trouble. He had left the state in violation of his probation; he had failed to report to probation; he did not enroll in or complete the batterers program as ordered; and he continued to violate the abuse prevention order after being placed on probation. His probation officer was still working as a probation officer in 2019; she remembered the case, and she wanted his probation to be revoked and the 1 year suspended sentence to be put into effect. She wanted him to do a year in jail.

The District Attorney’s Office wanted a piece of his skin as well; on the cases on which he had not yet been arraigned they wanted him to do an additional 9 months.