Probation Violation, Violation of Abuse Prevention Order, BOTH CASES DISMISSED, PROBATION REINSTATED WITH NO ADDITIONAL CONDITIONS

May 13, 2009
Probation Violation/Surrender
Violation of Abuse Prevention Order
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 in violation of his probation requirement for a separate domestic abuse charge. At the trial, Attorney Barabino had the client's 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 a house of correction. Attorney Barabino moved for a hearing on probation, which was organized. After the hearing, the defendant was reinstated on his same terms, no additional consequences and no jail time.
Result: BOTH CASES DISMISSED, PROBATION REINSTATED WITH NO ADDITIONAL CONDITIONS