Abuse Prevention Orders

November 16, 2022

Abuse Prevention Order Defeated

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.

July 13, 2018

Another Abuse Prevention Order Denied

by Robert D. Lewin

On Tuesday, July 10 at 10:15 at night Attorney Robert Lewin was sitting at his desk and an email inquiry came into his inbox. It was a gentleman from Georgetown, MA who had to go to Haverhill District Court on Friday, July 13. The gentleman (whom we shall call SC) had been served with an Abuse Prevention Order that his former live-in girlfriend had taken out against him and it was scheduled for a hearing three days later. Attorney Lewin read the email and called SC at 10:30 that night. SC was floored that a lawyer would call him at 10:30 pm. SC and Attorney Lewin talked for about 1 hour. SC emailed Attorney Lewin paperwork. The next morning SC retained Attorney Lewin and Attorney Lewin went to work on the case. There was little time and much to do. Attorney Lewin obtained copies of the papers from the Haverhill District Court and on Wednesday afternoon spent two hours on the phone with SC going over all the evidence. On Thursday afternoon SC emailed Attorney Lewin a series of text messages that his ex-girlfriend had sent him. The ex was claiming that SC was a drunkard and was acting belligerently toward her and that their relationship had broken up in December 2017. She claimed that when he drank he was violent and she was afraid that he would hurt her. She claimed that they had not been intimate since December 2017.

On Friday, July 13, 2018 SC and Attorney Lewin and the ex-girlfriend and her lawyer appeared at Court. The case was called and the ex-girlfriend took the stand and began to tell her story to the Judge and even cried at one point. The Judge interrupted the girlfriend and was prepared to issue an order and Attorney Lewin demanded that there be a full hearing and that the Judge hear all the evidence. The Judge said fine, proceed with the hearing. The girlfriend testified that since early June she was afraid of SC. Attorney Lewin asked her if in late June she had sent SC a text offering to perform oral sex on SC if he would bring her home an iced coffee. She said she could not remember. Attorney Lewin presented her with her text message and asked her if she had sent it. She said yes. Attorney Lewin then asked her to read the text message to the Judge – she looked at the Judge and the Judge said read the message. She then read the message wherein she offered to give SC a blow job if he would bring her home an iced coffee. There was much more evidence that Attorney Lewin had, but the Judge intervened again and this time said that she could not issue an order. The Judge said that in order to issue an order the ex-girlfriend had the burden to prove that she had a reasonable fear of imminent serious physical harm from SC. The Judge said she could not make that finding in light of the evidence that Attorney Lewin had presented.

SC and Attorney Lewin left the Courtroom. SC was thrilled with the result – a result that Attorney Lewin had predicted to SC prior to the hearing. SC then turned to Attorney Lewin and thanked him and told Attorney Lewin that he would have paid Attorney Lewin twice what Attorney Lewin had charged him!

June 1, 2018

Violation of an Abuse Prevention Order – Dismissed

by Robert D. Lewin

CX, a 29 year old male consultant, and his former girlfriend, BH, had an up and down relationship. Unfortunately CX had a very short fuse and a very long temper and was prone to very angry outbursts against BH. Unfortunately for CX, he would communicate his outbursts against BH via text messages. CX and BH had previously lived in NY State and BH had obtained an Abuse Prevention Order against CX in NY. They both then moved to Massachusetts. Neither CX nor BH believed that the NY Order was effective in Massachusetts. That was their first mistake. Massachusetts, as does most states, has a law that makes an out of state abuse prevention order enforceable in Massachusetts as if it were an order from a Massachusetts Court.

After they moved from NY to MA they broke up and CX began seeing some other women. On or about April 23, 2018 CX learned through a text message from BH that BH had spoken with another man. CX went ballistic and went on a text rant. CX texted to BH’s Mother: “If you care about your daughter, have her call me now. Right f___ing now.” CX then texted BH directly “F__you. F___you. F___you. F___you. F___you. F___you. F___you. You F___ing idiot. Why did you write me that text. Did you mean to do that or not. You know the consequence. You know I have learned over time and will not make the same mistake twice.”

BH and her Mother went to the police and showed the text messages to the police. The police filed an Application for a Criminal Complaint against CX for Violation of the NY Abuse Prevention Order in Haverhill District Court. The Application was set up for a Clerk-Magistrate Hearing on May 31, 2018.

May 13, 2018

Abuse Prevention Order Denied in Lawrence District Court

by Robert D. Lewin

From January 2013 to May 2013 JA, a then 29 year old Hispanic male from Lawrence was in a relationship with DO, a 28 year old Hispanic woman also from Lawrence. The both worked in the same factory. In May 2013 they broke up when JA took a trip to the Dominican Republic. After the breakup they continued working in the same factory and DO wanted JA back. She would send him texts and then she started sending JA nude and very sexual pictures of herself. She would give JA notes at work. He had moved on and was with another woman and he rebuffed all her advances. DO herself was in a relationship with another man and was living with this other man but was still trying to get JA back. In 2018 DO complained at work that JA was harassing her and JA got fired. JA then took all the pictures and notes that DO had sent to JA and sent them to DO’s boyfriend. DO went to Lawrence District Court and applied for an Abuse Prevention Order against JA. JA was served with the temporary order and a hearing was set for May 1, 2018 in Lawrence District Court.

JA met with and hired Attorney Robert Lewin from North Andover. With the assistance of a translator JA was able to give Attorney Lewin all the facts of the case. JA and Attorney Lewin had two lengthy sessions where Attorney Lewin prepared JA to testify at the hearing. In addition, JA was able to obtain and bring to Attorney Lewin his phone and text records that showed all the calls and texts that DO had sent to JA. The case was fully prepared.

On May 1, 2018 JA and Attorney Lewin appeared in the Restraining Order session at Lawrence District Court. DO was there. DO testified and JA testified. Attorney Lewin showed the Judge all the nude pictures and text messages that DO had sent to JA from 2013 to 2018. There was NO believeable evidence that JA had placed DO in fear of imminent serious physical harm. That is the basis on which DO was seeking an order against JA. At the end of the hearing the Judge ruled in JA’s favor and denied DO’s request for a restraining order.

March 29, 2018

VIOLATION OF AN ABUSE PREVENTION ORDER CHARGE THROWN OUT

by Robert D. Lewin

DB, a 46 year old repairman, went through a bitter divorce several years ago. His former wife has a history of making false accusations about DB. On Friday, March 23, 2018 DB received a Notice from the Newburyport District Court that the Rowley Police had filed an application for a criminal complaint against DB alleging that DB had violated a 209A Abuse Prevention Order. The Notice told DB that a hearing would be held at the Newburyport District Court on Wednesday, March 28, 2018 to determine whether a criminal complaint would be issued against DB. Late in the afternoon on Monday, March 26, DB found and hired Attorney Robert Lewin from North Andover. On Tuesday, March 27, 2018 Attorney Lewin obtained a copy of the police report and spent the better part of the day and night preparing the case. The police report alleged that the Abuse Prevention Order required – among other things – that DB not go into the Market Basket store in Rowley. The police report indicated that a witness who knew DB for 25 years saw DB in the store on March 5, 2018 and reported it to the police the next day on March 6, 2018. DB was able to secure his cell phone records which showed that on March 5, 2018 DB’s cell phone pinged on towers in Douglas, MA before and after the time he was allegedly in the Market Basket store in Rowley. It is over 80 miles from Douglas to Rowley. In addition, DB and his current wife had a post office receipt showing that they were in the Post Office in Douglas, MA shortly before he was allegedly in Rowley. In one day and evening Attorney Lewin and DB put together all the documentary evidence. On March 28, 2018 Attorney Lewin met DB and his current wife at the Courthouse 1 hour before the hearing. Attorney Lewin sat with DB and his wife and went over their testimony in detail. Attorney Lewin gave them strict instructions about how to behave in the hearing room and he instructed them on how to be a good convincing witness. It was clear to Attorney Lewin that DB was innocent.

Finally – after waiting 1 1/2 hours DB’s case was called in. The Clerk-Magistrate explained that this was a show-cause hearing and the Clerk-Magistrate did not decide whether or not DB was guilty but merely whether there was “probable cause” to issue the complaint. The police prosecutor read the report. Attorney Lewin had DB and his wife testify and the phone records were put into evidence.

Attorney Lewin then advocated to the Magistrate that DB’s testimony and his current wife’s testimony was very believable particularly given the phone records and the receipt from the Post Office. In addition Attorney Lewin presented to the Judge a google maps printout showing where Douglas, MA is and how far it is from Rowley.