» Restraining Order

June 4^th. 2019
Restraining Order Application
A very pleasant hard-working father and full-time truck driver had been charged last year with assault and battery. That charge resulted in an acquittal after a jury trial several weeks ago (see April 29^th 2019 recent case). However, despite the acquittal of the charges, there remained an active restraining order. And the person was living in his home. Today, Attorney Barabino and client appeared in court prepared to vigorously argue that the restraining order be terminated. Attorney Barabino had prepared a motion with a memorandum and affidavits. There were nearly fifty pages of attachments. After handing the documentation to other side, the responded that they simply won’t try to oppose the order and will let it terminate immediately—and it did.
RESULT: Restraining Order TERMINATED.

October 16th 2018
Violation of Abuse Prevention Order
Violation of Abuse Prevention Order
Violation of Abuse Prevention Order
Violation of Abuse Prevention Order
Client was a particularly pleasant father who had tumultuous relationship with his former wife. The client was charged with three separate complaints of violation a restraining order. All the charges were questionable but a conviction on any was sure to result in his incarceration. The charges were concerning for the court since the client was on probation for assaulting and beating his ex-wife already--a plea that he entered with another attorney. In the end, client and attorney Barabino requested a trial and at the day of trial, the District Attorney offered a deal which client felt was simply too good decline and accepted the deal. No additional jail and three of four charges dismissed.
RESULT: Three of the Four Charges DISMISSED; Fourth Charge agree to NO JAIL and Extended Probation for 6 months.

July 9th 2018
Harassment Prevention Order
Client was an otherwise responsible, courteous and respectful young man who was alleged to have made lewd comments via social media to a long-time friend. The friend did not want him to contact her, but he persisted. On the day of the hearing, all the parties were able to talk and discuss the serious natured and concerning acts and wrote up an agreement PRIOR to the hearing that the young man will not contact her under any conditions. That agreement was satisfactory to the court and the woman who took out the order and the case was dismissed. Case Closed. No Harassment Order Issues.
RESULT: Harassment Order, DOES NOT ISSUE. CASE CLOSED.

September 5^th 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.
RESULT: NOT GUILTY AFTER TRIAL

March 7^th 2017
Assault and Battery with a Dangerous Weapon
Client was married and accomplished professional with no prior record. A conviction or admission to charges of Assault and Battery With a Dangerous Weapon would have been catastrophic to his career path. After consultation with all parties, an agreement was reached invoking a marital privilege the day of trial. Case Dismissed, Restraining Order Vacated.
RESULT: ALL CHARGES DROPPED at day of trial

January 21^st 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.
RESULT: Motion to Dismiss, FILED, ALLOWED, CASE DISMISSED.

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.