RESTRAINING ORDER AGAINST DEFENDANT TERMINATED DESPITE THE FACT THAT THE DEFENDANT HAD BEEN CHARGED WITH COMMITTING VIOLENT OFFENSES AGAINST THE PLAINTIFF, INCLUDING CRIMINAL CHARGES FOR VIOLATING THE RESTRAINING ORDER ON THREE DIFFERENT OCCASIONS.

The Plaintiff is the former girlfriend of the Defendant. Defendant was charged with many serious crimes against his ex-girlfriend, including Stalking (G.L. c. 265, § 43), Assault & Battery with a Dangerous Weapon (G.L. c. 265, § 15A), and Assault & Battery (G.L. c. 265, §13A). The Plaintiff provided police with a cell phone video showing that the Defendant had jumped on her car, gained access to the inside of her car, and began driving her car, while the Plaintiff was seated in the passenger seat screaming out in fear. She provided police with photographs of injuries to her arm that were inflicted by the Defendant. She told police that she broke up with the Defendant but he continually stalked her. When the Defendant was arraigned on those criminal charges, the girlfriend obtained a 209A Abuse Prevention Restraining Order against the Defendant, which ordered him to stay away from her, not contact her, and not abuse her. While the Restraining Order was in effect, the Defendant violated the restraining order because he had contacted the girlfriend several times and showed up to her workplace. As a result of the violations, Defendant was criminally charged with three-counts of Violation of an Abuse Prevention Order (G.L. c. 209, §7).

Result: A hearing was scheduled on the Plaintiff’s request to extend the restraining order against the Defendant. The Plaintiff had a very good chance of prevailing in her request to extend the restraining order because the Defendant was currently charged with a multitude of violent crimes against her, and he had violated the restraining order three different times. Defendant hired Attorney Patrick J. Noonan to represent him on the criminal charges. Attorney Noonan is aggressively defending him on the criminal charges, he filed a Motion to Dismiss the Stalking charge, he has retained an expert witness, he has conducted his own investigation into the allegations, and he has been pressing for more evidence. The Plaintiff obtained an temporary extension of the 209A Order with the Court by telephone, but Attorney Noonan demanded an evidentiary hearing on her request to extend the restraining order. The Plaintiff had shown all indications that she would be pursuing an extension of the restraining order. She has been heavily involved in the Defendant’s prosecution, provided police with evidence of his crimes, including videos, photos, e-mails, and text messages. It was expected that she would appear at the hearing to request an extension of the Order, but she did not appear and the Order was vacated.