Articles Posted in Assault & Battery on a Household Member

On February 10, 2024, SQ, a 50 year old software developer, and his wife got into an argument. According to the Ipswich Police Department Report, SQ got into his wife’s face, she pushed him back, and then he punched her with a closed fist in the mouth, cutting her mouth and causing her to bleed down onto her chin. She immediately ran out of the house and drove to the police station and reported what had happened. The police took photos of her, and drove to the house and arrested SQ. SQ went to court and was arraigned. SQ then contacted and retained Attorney Robert Lewin of Andover.

Attorney Lewin reviewed the facts of the case and the police reports carefully. SQ’s wife decided she did not want to testify against her husband. Oftentimes, that causes the case to be dismissed; however, where there is independent evidence that an assault occurred and that the accused committed the assault, the state can go forward with the prosecution. In SQ’s case the police had the wife’s detailed statements at the police station as to the punch in the mouth, and they had photographs of her bloody face and cut lip. Attorney Lewin filed a detailed Motion to Exclude from evidence at the trial the statements SQ’s wife made to the police. (If the Judge determines that the statements were an “excited or spontaneous utterance”, then the police will be allowed to testify at trial as to the statements made by SQ’s wife. If the Judge determines that the statements were not an “excited or spontaneous utterance”, then the police will not be allowed to testify at trial as to the statements made by SQ’s wife.)

The case was set down for trial on April 10, 2024. Prior to that date, Attorney Lewin met with the Assistant District Attorney and reviewed with the Assistant DA, Attorney Lewin’s Motion to Exclude the statements made by the wife at the police station. Attorney Lewin was able to get the Assistant DA to agree that her statements at the police station were not an “excited or spontaneous utterance”.  This was a huge step for the defense.

JP is a 32 year old licensed insurance salesman for a large insurance company in Boston. It is a well paying job that requires that he be licensed by the State Department of Insurance. Any criminal offense on his record could cause him to be ineligible for state licensure and it could cause his employer to fire him. JP lives in Salem, MA with his wife and two children. JP’s mother and step-father had been living in JP’s house for two years. JP and his wife told JP’s mother and step-father that they (the mother and step-father) had to find another place to live as the house was too crowded and relations were getting strained. On May 4, 2021 a loud argument broke out between JP and his mother. The police were called to the house. In the 911 call, all that can be heard is loud yelling (in Portuguese) between a female and a male. The police arrived at the house and the yelling was still going on. The police separate everyone.

The police speak with JP’s mother who says that JP “grabbed both the left and right collars of her jacket and pulled her forward in a violent motion”. She also tells the police that “she then slapped JP back across the face in self-defense”. The police then speak to JP. At first JP told the police that he and his mother had had an argument when his mother slapped him across the face for no reason. When asked, JP denied touching his mother. The police then told JP that his mother had told them that she had slapped JP in self-defense after he had pushed her. According to the police report “JP then immediately related that he was slapped in the face first and then pushed her in defense.” The police mad a determination that JP was “the dominant aggressor” and the police placed JP under arrest for Domestic Assault & Battery”.

JP was arraigned in Salem District Court the next day and his case was continued for a pre-trial hearing to July 19, 2021. JP sought out a lawyer. JP spoke (via zoom) with Attorney Robert Lewin from Andover and JP hired Attorney Lewin to represent him. JP explained to Attorney Lewin that his application for re-licensure had to be submitted in September and that he had to get the case favorably resolved by that time.

KC is a 39 year old director of IT for a high tech company. He is married with two young children. For about two years KC was having an affair with a 26 year old teacher at the day care center where his children go every day. On Saturday, April 6, 2019 KC told his wife he was going out to a birthday party for a fellow employee. That part was true; what he didn’t tell his wife is that he was meeting his girlfriend after the party. At about 10:00 pm that night KC left the birthday party and went to a local bar in Danvers where he met up with his girlfriend. She had been drinking and she continued to drink. Sometime shortly after midnight KC and the girlfriend left the bar and got into KC’s car. They began to argue and she told him “You are never going to leave your wife.” At that point the girlfriend went crazy and began to punch and hit and scratch KC. KC put his arms up to block the girlfriend’s punches and in the process her nose was struck and began to bleed. She then got out of the car and walked across the street to a fire station where she told the firemen that her boyfriend had beat her up. He left and drove home. Within minutes the police were at his door and KC got arrested for a domestic assault and battery on his girlfriend. Fortunately KC had the presence of mind and the smarts to take pictures of himself and all the scratches that he had on his face and neck from his girlfriend. Unfortunately for KC, his wife was there when the police came and arrested him for assault and battery on his girlfriend. As he was being led off by the police she told him don’t bother coming back home.

KC went to Court the following Monday and was arraigned. He was ordered to have no contact with the girlfriend and to stay away from her. He went to live with a brother.

KC met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin could see right away that she had been the aggressor in this case and that he had acted only in self-defense. Then the phone calls, the texts, and the emails began. The girlfriend was trying to contact KC at least 25 to 30 times each day. As instructed by Attorney Lewin, KC saved every text, email, and voice message that she left. In her texts she threatened him if he did not get back to her. Then the girlfriend contacted KC’s wife (in person, directly) and asked her what was going on with her marriage to KC. KC’s wife told the girlfriend he’s all yours if you want him.