G.C. v. T.G. – Uxbridge District Court

209A RESTRAINING ORDER: VACATED

Defendant’s ex-fiancé obtained a temporary restraining order against him pursuant to Chapter 209A alleging that: Defendant abused her, Defendant stalked her, and Defendant threatened her. Attorney Gerald J. Noonan contested the restraining order and requested a two-party hearing such that Attorney Noonan could cross-examine the Plaintiff and present evidence on the Defendant’s behalf. At the hearing, Attorney Noonan attacked the Plaintiff’s credibility by introducing evidence that she had prior restraining orders issued against her by an ex-boyfriend. Attorney attacked her credibility by presenting evidence that the Plaintiff had criminal complaints lodged against her by an ex-boyfriend for Assault with a Dangerous Weapon (hammer), Domestic Assault & Battery, Breaking & Entering, and Malicious Destruction of Property. Attorney Noonan argued that the Plaintiff had a pattern of volatile behavior in dating relationships and that she was repeating such behavior in the aftermath of her relationship with this Defendant. At the hearing, the Plaintiff did not contest the prior restraining orders or criminal charges. Attorney Noonan established that the Defendant did not abuse the Plaintiff during or after their relationship. Attorney Noonan introduced letters and e-mails sent to the Defendant by the Plaintiff in which she thanks the Defendant for getting her gifts. Attorney Noonan showed that the Defendant bought a Jeep for the Plaintiff and when the Defendant broke off the relationship he demanded the return of the Jeep and she refused. Defendant threatened to call the police if the Plaintiff did not return the Jeep.

Result: Attorney Gerald J. Noonan thoroughly attacked the credibility of the alleged victim and established that the Defendant did not “abuse” the Plaintiff. At the conclusion of the hearing, the judge vacated the restraining order.