VIOLATION OF 209A ORDER: DISMISSED at CLERK’S HEARING

Client, 69 year old restaurant owner, was arrested and charged with Breaking & Entering Nighttime for Felony, Assault, and Criminal Harassment stemming from an incident with his ex-girlfriend. The alleged victim obtained an Abuse Prevention Order against the Defendant in connection with the criminal charges. The alleged victim reported to Police that the Defendant called her in violation of the 209A Order, which prohibited the Defendant from contacting her. At the Clerk Magistrate’s Hearing, Attorney Patrick J. Noonan established that the Defendant mistakenly dialed the victim’s phone number by accident when he attempted to call another person.

Result: Attorney Patrick J. Noonan convinces Clerk-Magistrate to not issue the criminal complaint, as it was an inadvertent mistake by the Defendant.