Restraining Orders
Commonwealth v. John Doe
MULTIPLE COUNTS OF VIOLATION OF AN ABUSE PREVENTION ORDER DISMISSED WITH PREJUDICE.
The client had a clerk-magistrate hearing on an application for criminal complaint alleging three counts of Violation of an Abuse Prevention Order (G.L. c. 209A, §7). At the clerk’s hearing, Attorney Patrick J. Noonan successfully argued that there was no probable cause to support any of the charges. The clerk found no probable cause and dismissed the criminal complaints with prejudice, meaning that these charges can never be filed against the client again.
Commonwealth v. John Doe
VIOLATION OF AN ABUSE PREVENTION ORDER DISMISSED FOR LACK OF PROBABLE CAUSE ON A SUCCESSFUL DEFENSE OF ACCIDENT.
The client had a clerk-magistrate hearing on an application for criminal complaint alleging one count of Violation of an Abuse Prevention Order (G.L. c. 209A, §7) stemming from an allegation that the client made a phone call to the subject of the order in violation of the no-contact provision of the order. At the clerk-magistrate hearing, Attorney Patrick J. Noonan successfully argued that the client’s phone call was not intentional, but accidental. The victim received a missed phone call from the client at approximately 6:00 a.m. Attorney Noonan introduced evidence that the client accidentally called the victim’s phone number. After the hearing, the clerk dismissed the complaint after three months.
Commonwealth v. John Doe
AFTER VIGOROUS CROSS-EXAMINATION BY ATTORNEY NOONAN, JUDGE TOSSES ABUSE PREVENTION ORDER.
The client’s wife took out an emergency abuse prevention order against him, also known as a 209A order. A two-party hearing was held on the Plaintiff’s request to extend the restraining order for one year. Attorney Patrick J. Noonan conducted an effective cross-examination of the Plaintiff, discrediting her allegations, undermining her credibility, and highlighting the absurdity of her claims. Attorney Noonan had three witnesses prepared to testify to impeach the Plaintiff’s allegations. These witnesses were also prepared to testify regarding the Plaintiff’s mental health issues. However, after Attorney Noonan’s cross-examination, the judge heard enough the terminated the restraining order.