Domestic Assault Cases

May 19, 2025

Another Domestic Assault & Battery Dismissed

TO is a 26 year old physical education (gym) teacher in a local elementary school. On October 12, 2024, TO was arrested and charged with Assault and Battery on her sister, Assault & Battery on a Household Member (her live in boyfriend) , and Disorderly Conduct. The police had been called to TO’s apartment and found TO’s sister outside sitting on the ground with blood coming from her mouth and lip. Witnesses told the police that TO had gone after her sister and TO had her sister on the ground and was punching her about the head. Witnesses also told police that TO had gone after her boyfriend and had to be separated from her boyfriend. When the police started to ask everyone what happened TO began to yell and scream at the police. The police finally put TO in cuffs and removed her from the scene under arrest. She was later bailed from the police station and told to report to Peabody District Court on October 15, 2024 for arraignment. The next day, TO met with and retained Attorney Robert Lewin from Andover to represent her. On October 15, 2024, TO and Attorney Lewin appeared in Peabody District Court and TO was arraigned. Her case was continued to November 19, 2024 for a pre-trial hearing.

Attorney Lewin then spoke with TO’s sister and her boyfriend. After speaking with Attorney Lewin the sister and boyfriend both agreed to tell the District Attorney that they wanted the charges dismissed. Attorney Lewin then met with the Assistant District Attorney and an agreement was reached to resolve the case favorably.

On November 19, 2024, TO and Attorney Lewin appeared in Peabody District Court. By agreement, TO’s case was continued for 6 months to May 19, 2025 with an order that the case was to be dismissed if there were no reports of any further trouble.

April 28, 2025

Assault & Battery Case DISMISSED Prior To Arraignment

by Robert D. Lewin

RP is a 38 year old elementary school teacher living in Haverhill. On September 30, 2024 RP got into an argument with her younger sister and slapped her sister across the face. RP fled the house after striking her sister and the sister called 911. The police responded and called RP, but she refused to “turn herself in”. The police went to Haverhill District Court and filed a criminal complaint against RP for Assault and Battery. The court issued a summons for RP to appear for an arraignment on November 5, 2024. RP met with and retained Attorney Robert Lewin to represent her in Haverhill District Court.

Prior to the arraignment date, Attorney Lewin prepared and filed at the Court a Motion for a pre-arraignment disposition. When an arraignment takes place in a criminal case, a criminal record is created and an entry is made in the statewide Criminal Offender Record Information (CORI) system. Also prior to the arraignment date Attorney Lewin met with the Assistant DA at Haverhill Court to discuss a pre-arraignment disposition. Lastly, prior to the arraignment date, Attorney Lewin spoke to RP’s sister. The two women had settled their differences.

Because RP is an elementary school teacher, it was/is imperative for her NOT to have any criminal record – and in particular not to have any criminal record for assaultive behavior. Having such a record would probably cost her her job.

June 4, 2024

Another Domestic Assault & Battery Charge Avoided

by Robert D. Lewin

On Saturday, April 13, 2024, DP, a 49 year old registered nurse from Andover, went to her ex-husband’s house. She had just finished a work shift and had called her two young daughters who were at her ex-husband’s house for his parenting time. When she called she could tell that he had been drinking and was not sober. She immediately drove to his house from her work to get the girls (ages 11 and 9). When she got there and went to check on the girls, he blocked her way. She pushed him out of the way and in the process cut his lip. He called 911 and the police came. The police did not arrest her, but told her she would be summonsed to court. Shortly thereafter, DP received a notice from Lawrence District Court that an Application for Criminal Complaint had been filed against her by the Andover Police for domestic assault and battery and that a hearing would be held on May 30, 2024 to determine if a criminal complaint would be issued against her. DP consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin felt it would be outrageous if in these circumstances DP would be charged. She went to the house to protect her daughters. Attorney Lewin immediately contacted DP’s ex-husband and he agreed (!) that DP should not be charged. Attorney Lewin had a lengthy communication with the Andover Police Prosecutor and laid out all the facts for him.

On May 30, 2024, DP and Attorney Lewin (and DP’s ex-husband) appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin had DP’s ex-husband testify that he did not want a criminal complaint to be issued against DP. Attorney Lewin explained all the circumstances to the Clerk-Magistrate. The Clerk-Magistrate agreed with Attorney Lewin and denied the application for criminal complaint and dismissed the case.

April 23, 2024

Another Domestic Assault & Battery Win (Alien Client)

by Robert D. Lewin

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.

February 17, 2023

Another Domestic Assault & Battery Win

by Robert D. Lewin

BX, an attractive 30 year old female nurse at a large Boston hospital, had a whirlwind romance with DD, a 33 year old male engineer. They had a first date in October 2022 and by Thanksgiving they were talking of marriage. They went to NY and looked at Diamond Rings at Tiffany’s. He brought her to meet his family. He went to her parents to get permission to marry her. The two planned a trip to the Caribbean where they would seal the deal. Two days before they were to leave to go on the trip they got into an argument. The argument was over his failure to get rid of body soap in the shower that belonged to one of his former girlfriends. (He just could not let go of the memories that fragrance triggered!) Well BX got very angry with him and according to the police report she hauled off and slapped him twice across the face. She then left his place. He then called off the planned engagement and went to the Caribbean by himself. When he returned, his car, which he had left parked in the street, had several new dents in it that were not there before he left. He went to the police and reported the damage to his car and the two slaps to the face. The police applied for a criminal complaint against BX for Assault & Battery on a Household Member. (The police could not charge BX with the damage to DD’s car, as there was no evidence at all that she had caused the damage.)

BX is an emergency room nurse at a major Boston Hospital. A charge of Assault & Battery would cause her problems with the Board of Registration in Nursing and with her employer. It was critical to BX that a criminal complaint not be issued against her. BX had had a previous run in with the criminal law, and had hired Attorney Robert Lewin from Andover to represent her in that prior case. Attorney Lewin was successful in defeating that prior case at a Clerk’s Hearing. Once again BX turned to and retained Attorney Robert Lewin for help.

Attorney Lewin immediately contacted the Cambridge police prosecutor and explained the details of the relationship between BX and DD. Attorney Lewin advocated with the police prosecutor for no criminal complaint to be issued against BX. Attorney Lewin obtained the police reports and reviewed them in detail with BX. Attorney Lewin fully prepared BX for the Clerk-Magistrate hearing and prepared her to testify.

July 24, 2022

Strangulation and Domestic Assault & Battery Charges DISMISSED

by Robert D. Lewin

CC, a 42 year old disc jockey, lived with his girl friend in his condo in North Andover. On February 3, 2022 CC and his girlfriend got into an argument. They each accused the other of texting romantically with other people. The girlfriend went nuts. She threw CC’s iPhone off the third floor balcony of the condo . She attacked CC. CC got out his cell phone and began to record his girlfriend which aggravated her even more. Finally the girlfriend called 911. The police arrived. She told them he had strangled her. He got arrested. The next morning he was brought to Lawrence District Court and was ordered held without bail. His lawyer at the time appealed the bail to Superior Court. In the Superior Court he was released to 24 hour lockdown at his home on GPS. Inexplicably, the lawyer originally representing CC at his arraignment and bail hearings never showed the Court the videos that CC had. The lawyer was aware of the videos and had seen them, but he never played them at either of CC’s bail hearings. Had he shown them to the Judges it is very likely that CC would never have been confined to his home for 3 months.CC searched for a new lawyer. CC contacted Attorney Robert Lewin from Andover. Because CC could not leave his house, Attorney Lewin went to CC’s condo in North Andover. CC liked what he saw in Attorney Lewin and retained Attorney Lewin.

Attorney Lewin reviewed the videos that CC had captured on his iPhone. They were terrific. The videos showed the girlfriend attacking CC and he kept telling her to stop and to leave. The videos also captured the girlfriend’s 911 call to the police in which she never says that he strangled her. In court discovery, Attorney Lewin furnished copies of the videos to the DA. The case was set down for trial on May 20, 2022. CC and Attorney Lewin had had two lengthy trial prep sessions in the week leading up to the trial. On May 20, 2022 Attorney Lewin and CC appeared at court ready for trial. Attorney Lewin informed the Judge that the girlfriend had committed several criminal offenses: Malicious Destruction of Property (smashing CC’s iPhone) and Assault & Battery (striking CC as shown on the video). The Judge appointed a lawyer to advise the girlfriend of her Fifth Amendment right not to incriminate herself. Attorney Lewin showed the court appointed lawyer the videos. Ultimately the girlfriend gave up and refused to testify. The charges against CC were dismissed; the GPS bracelet was removed; and he walked out of the Courthouse a free man.

CC and his family all gave Attorney Lewin a big hug! Trial preparation is critical to winning in criminal court.

December 5, 2021

All’s Well That Ends Well

by Robert D. Lewin

On January 30, 2021 HB and her husband BB (40+ year marriage) got into a heated argument at their home in Salisbury. HB had been drinking and she threatened to stab her husband with a knife. BB grabbed a letter opener and threatened to retaliate with the letter opener. The argument moved from the bedroom down into the kitchen where HB grabbed a large kitchen knife and threatened to stab BB. HB (!) then called 911. The police responded. The police seized the two weapons and charged both husband and wife with Assault on a Household Member and the felony charge of Assault with a Dangerous Weapon.

HB and BB sought out a lawyer and contacted Attorney Robert Lewin from Andover. Attorney Lewin explained that it would not be wise for one lawyer to represent both husband and wife. HB (the wife) retained Attorney Lewin and Attorney Lewin referred BB (the husband) to another experienced criminal lawyer who also practices in Newburyport District Court with whom Attorney Lewin has a good working relationship.

Both HB and BB had made statements to the police that incriminated themselves and each other. Attorney Lewin met with the Assistant District Attorney prosecuting the case and advocated for the DA to agree to dismiss the case.

August 22, 2021

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED

by Robert D. Lewin

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.

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.

April 5, 2020

Violation of an Abuse Prevention Order and Witness Intimidation Charges Dismissed in Lawrence District Court

by Robert D. Lewin

On October 24, 2019, IW, a 47 year old disabled married man from the Dominican Republic, was living in Lawrence with his wife and their 1 1/2 year old daughter. Previously his wife had taken out an abuse prevention order against him. The order was in effect on October 24, 2019 and the order ordered IW not to abuse his wife. The night before October 24, 2019 IW drank a great deal. On the morning of the 24th IW’s wife went to work leaving IW at home with their 1 1/2 year old baby. When IW awoke he was still drunk and he called his wife and told her she better come home from work to take care of the baby. In addition IW told his wife that he was going to throw all her clothes out in the street and that he wanted her out of the house. IW’s wife returned home from work and IW and his wife got into a heated argument. His wife then told IW that she was going to call the police and she did. She told the police that when she told IW she was going to call the police he told her “call the cops and you will see what happens”. After she called the police IW left the apartment. As he was leaving the building the police arrived and detained IW. The police talked to IW and he admitted that he was drunk. The police spoke with his wife and then the police arrested IW and charged him with violating the no abuse order and with witness intimidation (threatening her if she called the police).

On October 24, 2019 IW was brought to Lawrence District Court. He was appointed a lawyer and given a date to return to court. When IW could not reach his court appointed lawyer and when the court appointed lawyer did not return IW’s calls, IW contacted Attorney Robert Lewin from Andover. Attorney Lewin and IW met and IW subsequently retained Attorney Lewin. Attorney Lewin reviewed the police reports with IW and told IW that the Commonwealth would have a very difficult time proving either one of the charges against IW. Attorney Lewin told IW that the evidence was not there to prove either of the charges and that he absolutely should take the case to trial. Attorney Lewin explained to IW that the Commonwealth would not dismiss the case prior to the trial date. Clients have a difficult time accepting the fact that the District Attorney’s Office will NOT dismiss a domestic abuse case prior to the trial date.

On December 12, 2019 IW and Attorney Lewin appeared in Lawrence District Court for IW’s pre-trial hearing. Attorney Lewin approached the Assistant District Attorney about dismissing the case but the Assistant DA said they will not dismiss a domestic abuse case prior to trial. The case was continued for a jury trial to February 3, 2020.