CP, a 35 year old male, and his husband, GP, a 43 year old male, have been married for 5 years. There were considerable tensions in the marriage. On January 8, 2025, GP, applied for an Abuse Prevention Order in Lawrence District Court and was granted a temporary order. The order was scheduled for a two party hearing on January 22, 2025. CP was served with the order and immediately sought out a lawyer. CP met with and retained Attorney Robert Lewin from Andover.
Attorney Lewin immediately went over to Lawrence District Court and obtained a copy of GP’s complaint and affidavit. Attorney Lewin and CP went thorough GP’s affidavit together. It was readily apparent that GP was not alleging any physical abuse. Under a 2024 change in the law, physical abuse is no longer required to obtain an order. The 2024 change in the law added “coercive control” as a basis for obtaining an Abuse Prevention Order. This is what GP was alleging in his complaint. The new law defines “Coercive Control” as follows:
- “(a) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy, including, but not limited to:
- (i) isolating the family or household member from friends, relatives or other sources of support;
- (ii) depriving the family or household member of basic needs;
- (iii) controlling, regulating or monitoring the family or household member’s activities, communications, movements, finances, economic resources or access to services, including through technological means;
- (iv) compelling a family or household member to abstain from or engage in a specific behavior or activity, including engaging in criminal activity;
- (v) threatening to harm a child or relative of the family or household member;
- (vi) threatening to commit cruelty or abuse to an animal connected to the family or household member;
- (vii) intentionally damaging property belonging to the family or household member;
- (viii) threatening to publish sensitive personal information relating to the family or household member, including sexually explicit images; or
- (ix) using repeated court actions found by a court not to be warranted by existing law or good faith argument; or
- (b) a single act intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes the family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy of:
- (i) harming or attempting to harm a child or relative of the family or household member;
- (ii) committing or attempting to commit abuse to an animal connected to the family or household member; or
- (iii) publishing or attempting to publish sexually explicit images of the family or household member.”
Attorney Lewin and CP thoroughly went over the facts of the case and prepared for the hearing. On January 22, 2025, Attorney Lewin and CP appeared at Lawrence District Court ready for the hearing. GP was present. The case was called and GP presented his case to the Judge. Attorney Lewin could see that the Judge was not persuaded by GP’s presentation. Attorney Lewin asked GP a very few questions. The Judge looked at Attorney Lewin and Attorney Lewin could see that the case was won. Attorney Lewin rested the Defense case. (Attorney Lewin purposely did not put his client, CP, on the witness stand. Attorney Lewin was concerned that his client would actually not be a good witness and could actually harm the case.) As soon as Attorney Lewin rested his case, the Judge said she was TERMINATING the order against CP immediately.
CP and Attorney Lewin left the courtroom and CP was thrilled that the order against him was terminated. Attorney Lewin has had great success in defending against these Abuse Prevention Orders and the related Harassment Prevention Orders. Attorney Lewin has been practicing criminal defense since 1975 (50 years) and he has been defending Abuse Prevention Orders since the law was first created in 1978 (47 years). There are very few lawyers that have the years and breadth of experience that Attorney Lewin does. The results he gets speak for themselves.