Violation of Restraining Order is DISMISSED, At Trial.

January 23rd 2024
Violation of a Restraining Order
Client was all around class-act was charged with violation of a restraining order. He lived in Another state far away and violation was alleged to happen in Massachusetts. That means the case has to be in a Massachusetts court. The basis of the violation was a missed call on shortly after the protective order was received by client. There was an admission to making the call, but it was stated that it was done mistakenly. When a person does something mistakenly, there is a safety valve defense of “accident”. Another issue for the defense was the court requiring a person to appear at arraignment, hearings and trial causing a significant burden for client. Fortunately, Attorney Barabino had client’s presence waived at arraignment via motion in court—saving him a costly and unnecessary trip to Massachusetts. As the case proceeded, over nearly a year’s time, the complainant was insistent on the matter being fully pursued and that made making a deal with the Commonwealth challenging. Eventually, they scheduled the matter for trial where client had to appear in person. However, our witness was given previous permission to appear with a zoom for clients out of state witness. Eventually, on the day of jury trial, the Commonwealth recognized that they had a significant burden to achieve any guilty verdict and agreed to simply dismissed the case in its entirety. Case is Dismissed.
RESULT: Violation of Restraining Order is DISMISSED, At Trial.