DOMESTIC VIOLENCE CHARGE AGAINST ENGINEER DISMISSED AT CLERK MAGISTRATE HEARING UPON ATTORNEY GERALD J. NOONAN’S REPRESENTATION.

Abington Police were dispatched to a residence for a reported domestic violence incident. Upon arrival, police spoke with the Defendant’s wife who alleged that the Defendant punched her in the face. Police observed an open wound to the alleged victim’s eyes, and observed that she was visibly upset and crying. Photographs were taken of the injuries to the alleged victim’s face. As a result, Defendant was charged with Assault and Battery on a Family / Household Member pursuant to G.L. c. 265, §13M.

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk-Magistrate Hearing where Attorney Noonan asserted that the alleged victim had a Fifth Amendment privilege against self-incrimination and that she would be invoking her Marital Privilege by refusing to testify against her husband at trial. Attorney Noonan argued that, without the alleged victim’s testimony, there was insufficient evidence to prove that his client committed the Assault and Battery. The client had no criminal record. He has been gainfully employed as a Distribution Manager with a career goal of obtaining a professional engineering license. The issuance of a criminal complaint would have affected the Defendant’s ability to obtain a professional engineering license, and his ability to obtain future employment, all necessary to support his wife and two children. Attorney Noonan presented numerous character letters. After considering all the evidence, the Clerk-Magistrate dismissed the criminal complaint.