Violation of an Abuse Prevention Order – Dismissed

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.

CX retained Attorney Robert Lewin from North Andover to handle the case. Attorney Lewin examined the NY order very carefully. The order contained 18 separate orders against CX including that he not harass, intimidate, or threaten BH. CX and Attorney Lewin met extensively to go over the facts of the case and the applicable law. The police were strongly pushing for a criminal complaint to be issued against CX. Attorney Lewin had an opportunity to speak with BH, the ex-girlfriend. In fact she came in to Attorney Lewin’s office where they discussed the case at length. On May 31, 2018 CX and Attorney Lewin appeared at Haverhill District Court for the Clerk-Magistrate’s Hearing. The police had not summoned in BH for the hearing but at Attorney Lewin’s request BH was present at Court for the hearing. BH explained to the Clerk-Magistrate that it was her wish that a criminal complaint not be issued against CX. After listening to BH and after listening to Attorney Lewin the Clerk-Magistrate ruled that she was denying the application for criminal complaint and that CX was not being charged.

CX was extremely happy with the result and actually gave Attorney Lewin a bonus! That was a nice surprise. BH was also happy. What Attorney Lewin had been able to do is get BH and CX to communicate civilly with one another so that the case could be brought to a favorable conclusion.

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