DOMESTIC ASSAULT AND BATTERY DISMISSED AT CLERK-MAGISTRATE HEARING

On July 1, 2018 the Haverhill Police were called to  a single family home in Haverhill for a reported domestic assault and battery. Mr. and Mrs. T and their son F, age 21, live in the house. F is a large man standing almost 6’4″ tall and weighing almost 350 pounds. F suffers from severe anxiety. F and his Mother, Mrs. T, got into an argument and as F hovered over her in a very threatening manner, Mrs. T shoved him away. Unbelievably, he picked up the phone and called 911 and claimed he had been struck by his Mother. The police responded and F told them that his mother had slapped him in the face. The police decided to arrest Mrs. T. She and her husband protested. A sergeant from the police station came to the house and ultimately it was decided that F would leave the house and that Mrs. T would not be arrested but rather would be summonsed to court for a Clerk-Magistrate Hearing.

Mrs. T consulted with and retained Attorney Robert Lewin from North Andover. It was obvious to anyone with any common sense that Mrs. T had NOT committed any criminal offense. Attorney Lewin immediately obtained the police reports and then contacted the police prosecutor. Attorney Lewin  gave the police prosecutor the true picture of the case and that it was the son, not the mother, who had been the aggressor here.

On August 15, 2018 Mr. and Mrs. T and Attorney Lewin appeared for a hearing before the Clerk-Magistrate of the Haverhill District Court. Attorney Lewin explained all the circumstances of the case to the Clerk-Magistrate and requested that the Application for a Criminal Complaint for Assault & Battery against Mrs. T be denied. The Police Prosecutor and the Clerk-Magistrate agreed with Attorney Lewin’s request and the Clerk-Magistrate denied the application for criminal complaint against Mrs. T.

As a result of this disposition Mrs. T was NOT charged. NO criminal complaint issued against her. NO criminal record was created. She left the Courthouse very happy that she was able to obtain the very best possible result.