Commonwealth v. H.P. – Brockton District Court

AFTER ATTORNEY GERALD J. NOONAN PRESENTS HIS CASE, CLERK-MAGISTRATE DECLINES TO ISSUE CRIMINAL COMPLAINT AGAINST DEFENDANT FOR VIOLATING A PERMANENT RESTRAINING ORDER FROM HIS EX-GIRLFRIEND

The alleged victim had a permanent Abuse Prevention Restraining Order (c. 209A) against the Defendant, her ex-boyfriend. She reported that she saw the Defendant standing directly across the street from her apartment. She stated that he was walking around and acting suspicious. She was 100% that it was the Defendant and described his clothing. When she observed the Defendant, she immediately called the police but nobody came to her house, so she went to the police soon thereafter. One of the terms of the restraining order orders the Defendant to stay at least 100 yards from the victim.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan cross-examined the alleged victim and, although she claims to have called the police to report the defendant’s alleged violation of the restraining, there was no record of her call. Attorney elicited from the police officer that any report for a violation of a restraining order is given priority and an officer would have been dispatched. She claimed to have observed the Defendant from the first floor window to the apartment building but Attorney Noonan introduced a photo showing that there is no first floor window for the apartment. On cross-examination, she could not recall what type of clothing the Defendant was supposedly wearing. Attorney Noonan argued that it was impossible (or impractical) for the alleged victim to have seen and positively identified the Defendant from her conflicting location in the apartment especially since it was dark outside. The alleged victim had a motive because she made the allegation to the police after seeing some posts on the Defendant’s Facebook page, which upset her. She claimed that the Defendant’s Facebook posts were a violation of the restraining order but the police did not agree with her. At the conclusion of the hearing, the Clerk-Magistrate did not issue the criminal complaint.