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Assault and Battery, DISMISSED

August 2nd 2012
Assault and Battery Chapter 265 Section 15
According to police, client and boyfriend had called police twice in one night. The first time police spoke with both the client and her boyfriend and left the home---assured that no further commotion would occur. When police were called to the home a second time, they noticed that the boyfriend had marks and scraps that were not visible before. The police then made inquiry to the client and after doing so were satisfied that she was the aggressor. As a result, they charged her with assault and battery. As a non-citizen, a dismissal was essential and an acquittal had to be obtained. At trial, the boyfriend became “unavailable” as a result of a Fifth Amendment hearing, ultimately resulting in a dismissal of the charge.
RESULT: Fifth Amendment of Witness at Trial Results in Assault and Battery Charge DISMISSED

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.