» Abuse Prevention Order

Violation of Abuse Prevention Order, NOT GUILTY AFTER TRIAL

September 5th 2017
Abuse Prevention Order
Client, a hard-working father, had been in a romantic relationship with a woman years ago. When the relationship ended, she secured a restraining order which prohibited him from being within 100 yards of her at all times. According to her, while she was working at her place of employment, he went to the place of employment and stared at her in violation of the order. Defense agreed that he did briefly walk by her store where she was working, but that he did not know she worked there and he was as surprised as she was to discover her there. Although a strong case for the defense, the Commonwealth felt otherwise. The Commonwealth brought the case to trial and even obtained prior allegations against the defendant to show his “bad acts”. At trial, judge ruled that the Commonwealth could not admit the prior bad acts, as a guilty verdict would surely mean deportation for the otherwise, innocent defendant. However, after witness after witness testified, a not guilty verdict was returned.

Abuse Prevention Order Violation, FILED AND ALLOWED, CASE DISMISSED

January 21st 2014
Abuse Prevention Order
Client was a hard working woman with no criminal record. According to police, her ex-lover said she violated a recent restraining order that was in place. Police could have mailed her a letter ordering her to court—but choose to arrest her instead while in her workplace. Humiliated about the workplace arrest and concerned about a possible criminal record, she and Attorney Barabino filed several motions to help her case, including a Motion to Dismiss. That motion had a legal memorandum outlining the reasons and justification for the court to order dismissal. The court arranged for a hearing date, and today, after a hearing had been previously held nearly two months ago, the court entered a formal dismissal in her favor, outlining the reasons for the motion to be allowed. Case dismissed.

Restraining Order Violation, NOT GUILTY

June 27th 2013 

Violation of Abuse Prevention Order
Client was a young man with a supportive family. According to police, he contacted an ex-girlfriend after she properly obtained a no-contact restraining order against him. According to the court order presented in court—the Defendant was not to call or contact the victim. At trial, the young lady whom he was supposed to have no contact emotionally recalled him calling her after the order was obtained—a direct violation. After cross-examination, the Defendant rested his case and several hours later the jury returned a verdict of not-guilty. 


Abuse Prevention Order, VACATED

May 14th 2012
Abuse Prevention Order Chapter 209A
Client was a hard working and all around easy-going single dad trying his best to be a father to his young daughter, with whom his ex had custody. His ex went to police one day stating she was in fear of serious imminent harm since client (she alleged) threatened him. At the 10-day hearing, client's ex-girlfriend reasserted all the claims she had made before and stated others such as their daughter came home with a bruised cheek and a chipped tooth. Attorney Barabino had both his client testify and his client's mother---both of whom provided documentation to the court, which included text messages and police reports. The judge credited both of Attorney Barabino’s witnesses and as a result vacated the restraining order in its entirety.
RESULT: Ten-day Hearing Outcome Results in Favor of Client, RESTRAINING ORDER VACATED.