January 23, 2024
Violation of a Restraining Order
Client was an all-around class act who 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 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 via Zoom for client's 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 dismiss the case in its entirety. Case is Dismissed.
Result: Violation of Restraining Order is DISMISSED, At Trial.
