Jane Doe v. John Doe – Brockton District Court

RESTRAINING ORDER AGAINST UNCLE FOR ALLEGED SEXUAL ABUSE OF CHILD-NIECE VACATED OVER OBJECTION OF PLAINTIFF.

Defendant, a middle-age man with no criminal record, had an Abuse Prevention Restraining Order (209A) taken out against him by his sister. His sister alleged that the Defendant sexually abused her daughter who was 7 years-old at the time. Defendant’s prior attorney contested the restraining order at a very lengthy hearing, which included testimony of several witnesses, including the sister who brought the restraining order. After the hearing, the judge found sufficient evidence of “abuse” of the child and issued the restraining order for six-months. After the restraining order was issued, Defendant hired Attorney Patrick J. Noonan. In September 2019, the sister sought to extend the restraining order for one-year.

Result: At the hearing to extend the restraining order for one-year, Attorney Patrick J. Noonan presented evidence that the police investigated the sister’s allegations that the Defendant sexually abused her minor child and, after conducting an investigation, the police department determined that there was no evidence to charge the Defendant with a crime. Therefore, the sister’s allegations were not deemed to be sufficient enough to bring any criminal charges against the Defendant, even under the low standard of probable cause to charge somebody with a crime. Moreover, Attorney Noonan cross-examined the sister and presented evidence regarding her motive to make this false allegation against the Defendant. Mainly, the sister and her children were living with the Defendant, at his home, rent free. After an argument, Defendant kicked his sister and her children out of his house leaving her with no place to live. Upset over the argument, the sister went to the police department to obtain a restraining order against the Defendant wherein she sought to have the Defendant evicted from his own home so she could move back into his house and have a place to live, rent free. The Judge originally issued the restraining order because the sister testified that the District Attorney’s Office was investigating her allegations of sexual abuse but Attorney Noonan presented evidence that there was no evidence for authorities to charge him with a crime.