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May 13th 2009 Salem District Court Probation Violation/Surrender Chapter 279 Section 3 Violation of Abuse Prevention Order Chapter 209 Section 7 Client was alleged to have violated a restraining order with his soon to be ex-wife. The defendant was charged with two separate counts of violation of a restraining order. In addition to being charged with the two separate criminal counts he was also violating his probation requirement for a separate domestic abuse charge. At the trial, Attorney Barabino had his wife disqualified as a witness and as a result both cases were dismissed. After the two cases were dismissed the defendant's probation officer sought to have him found guilty and committed to the house of correction. Attorney Barabino sought a hearing on probation and after the hearing the Defendant was re-instated on his same terms, no additional consequences and no jail time. RESULT: Both Cases DISMISSED and Probation Re-instated with no additional condition(s)
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