Harassment Prevention Orders

August 10, 2024

Violation of a Protective Order – NOT GUILTY AFTER TRIAL

TD is a 57 year old investigative reporter and publisher of a monthly newspaper in the Merrimack Valley. A woman in New Hampshire whom he was investigating obtained a protective order against TD. The order required him to stay away from her and to not enter upon her place of employment. On April 20, 2024, TD attended an engagement party at a church in Methuen. During the course of the party, TD posted a picture on Facebook showing him at the party within the church. Unbeknownst to TD, the woman allegedly had an office within the church and used the church to run certain functions. While at the engagement party, TD learned that the woman used the parking lot of the church to park her vehicles. Upon learning this, TD immediately left the engagement party. TD went home and went to bed. At one in the morning the police were at his door, woke him up, arrested him for allegedly violating the order, cuffed him, and brought him to the police station. TD was denied bail and spent the remainder of the weekend in jail.

TD had a lawyer who handles his civil affairs. He called the civil lawyer from the jail and the civil lawyer called Criminal Law Attorney Robert Lewin from Andover. On Sunday, April 21, 2024 Attorney Lewin went to the Methuen Police Station and met with TD. Attorney Lewin agreed to represent TD. At the police station, Attorney Lewin was able to gather all the information he needed to represent TD the next morning at TD’s Arraignment in Lawrence District Court. On Sunday night, Attorney Lewin prepared a lengthy memorandum for the Judge setting forth the reasons why TD should not be held on bail, but rather released. On Monday, April 22, 2024, TD was transported to court by the police. TD was arraigned and the Judge agreed with Attorney Lewin that TD should be released and he was released. The case was continued to May 23, 2024 for a pre-trial and the case was then set down for trial on July 29, 2024. Attorney Lewin, working with TD, fully prepared the case for trial. There were five defense witness whom Attorney Lewin spoke with in detail. The witnesses were fully prepared to testify. Attorney Lewin fully prepared TD to testify. In addition, Attorney Lewin had taken a series of pictures of the exterior of the church which proved very helpful at the trial. TD himself was an extremely helpful and cooperative client.

On Tuesday, July 29, 2024, the case was called for trial by jury in Lawrence District Court and both sides answered that they were ready for trial. The trial went all day on Tuesday and the jury got the case on Wednesday mid-morning. Attorney Lewin made a very forceful closing argument to the jury. It took the jury 36 minutes to return with a verdict of NOT guilty. TD gave Attorney Lewin a bear hug in the Courtroom! It just doesn’t get much better.

March 2, 2024

Harassment Prevention Order Defeated

by Robert D. Lewin

LO, a 60 year old Asian engineer, lives with his wife and daughter on the first floor of a two family house in Somerville. LO’s wife’s sister used to live on the second floor with her husband (JL). LO’s wife’s sister and her husband (JL) are going through a bitter divorce and the sister moved out leaving JL alone on the second floor. JL applied for an emergency harassment prevention order again LO, claiming that LO had harassed him, on three separate occasions. In his affidavit for the order, JL alleged that LO had struck him in the face, driven his car at JL, and chased after him. LO met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin took a detailed statement of the facts from LO and interviewed several witnesses who had been present at one of the three occasions mentioned in JL’s affidavit. Attorney Lewin thoroughly prepared LO and the witnessed for the court hearing.

On January 17, 2024, LO, his witnesses, and Attorney Lewin appeared in Somerville District Court for the court hearing. JL was there with his lawyer. After a hearing that lasted almost 1 hour, the Judge vacated the emergency order and ruled that JL was NOT entitled to an order. LO left the courthouse a happy client.

November 27, 2022

Another Harassment Prevention Order Beaten

by Robert D. Lewin

BP is a contractor who builds expensive houses. He entered into a contract to build a house for JW, a wealthy businessman. Three days before the sale was to take place there was a fire in the house. A dispute arose between BP and JW about what to do. JW filed a civil lawsuit against BP to force BP to rebuild the house and finish the sale. The lawsuit was not going well for JW. JW then filed for and obtained an emergency Harassment Prevention Order against BP. The order had a court hearing date of November 17, 2022 in Dedham District Court. JW claimed that on three occasions BP threatened him and on one of those occasions BP tried to run JW over with his truck. BP had a lawyer from a large Worcester-Boston law firm who was representing BP in the civil lawsuit. That lawyer referred BP to Attorney Robert Lewin of Andover to handle the Harassment Prevention Order case. BP met with Attorney Robert Lewin (over zoom) and hired Attorney Lewin.

Attorney Lewin thoroughly prepared the case. There were witnesses present during two of the three incidents. Attorney Lewin interviewed those witnesses and had them present at the court hearing. In addition, BP had taken a number of photos of JW; the photos were helpful because they showed JW following BP throughout the Town of Wellesley. In reality, those photos showed that JW was NOT in fear of BP.

Attorney Lewin prepared a lengthy Memorandum of Law for the Judge. On November 17, 2022 Attorney Lewin, BP, BP’s two witnesses, and JW and his lawyer appeared in Dedham District Court for the hearing. The Judge had read all the court papers including the Memorandum that Attorney Lewin had prepared. The hearing (really a trial) lasted 2 1/2 hours. Attorney Lewin had BP and his two witnesses testify and introduced into evidence the photos that BP had taken. At the end of the hearing the Judge ruled that JW had not met his burden of proof. The Judge vacated (terminated) the order forthwith (immediately).

November 27, 2022

Another Harassment Prevention Order Beaten

by Robert D. Lewin

TL, a police officer at a nearby university, lived in a second floor condo with his girlfriend in North Andover. A woman with a young child lived above TL in her own condo. TL worked nights and slept during a portion of the day. The noise coming from upstairs was extremely bothersome to TL. According to the upstairs neighbor TL would bang on the walls and yell profanity upstairs for the noise to stop. This yelling and banging, according to the upstairs tenant, went on for months and frightened the tenant. On October 16, 2022 the upstairs tenant came down to the second floor and knocked on TL’s door. TL answered the door and an argument ensued. According to the upstairs tenant, TL grabbed her by the neck and shoved her up against the wall. TL’s girlfriend separated them. The upstairs tenant went back upstairs and called the police. The tenant was granted an emergency Harassment Prevention Order with a court date of October 31, 2022. TL sought out a lawyer and met with and hired Attorney Robert Lewin from Andover.

Attorney Lewin immediately spotted a big hole in the Harassment Prevention Order case against TL. The law requires that there be 3 or more separate events of harassment before an order can be granted. In her Affidavit the tenant wrote a great deal about the alleged assault on October 16, 2022. She described other incidents where TL had yelled from his unit and has used profanity. Attorney Lewin had prepared and filed a Memorandum for the Judge to read. In his Memorandum Attorney Lewin stressed the requirement that there be THREE separate acts of willful and malicious conduct.

On October 31, 2022 Attorney Lewin, TL, TL’s girlfriend, and the upstairs tenant all appeared in Lawrence District Court for the hearing on whether or not the Harassment Prevention Order should be extended. The Judge immediately picked up on the issue that Attorney Lewin had raised in his Memorandum and the Judge questioned the tenant about any incidents other than the alleged assault on October 16, 2022.

June 30, 2022

Harassment Prevention Order Defeated

by Robert D. Lewin

UE, a 21 year old male college student, had worked with ND, a female in her mid-twenties, for a number of summers. In the summer of 2021 UE was let go from his work due to a poor performance review he had been given by ND. That poor performance review festered in UE’s mind for almost a year. In May of 2022 UE began sending ND and her superiors at the place of work a disturbing barrage of angry text messages. The messages threatened to accuse ND and her superiors of various crimes. The messages referred to ND using the “C” word and were laced with profanity. ND went to court and obtained an emergency harassment prevention order against UE. The order was served on UE and was scheduled for a hearing in Haverhill District Court on June 30, 2022.

UE’s parents contacted Attorney Robert Lewin from Andover. Attorney Lewin met with UE and his parents via zoom. UE’s parents retained Attorney Lewin. UE sent Attorney Lewin all the text messages that he had sent to ND and her superiors. The texts were disturbing; but Attorney Lewin noticed that the texts did not contain any threats to physically harm ND or to physically harm her property. Attorney Lewin explained to UE and his parents that the Supreme Judicial Court of Massachusetts had ruled that in order to grant an harassment prevention order based on fear, the person seeking the order must prove that they had been placed in fear of physical harm or fear of physical damage to property.

On June 30, 2022 (only four days after being retained) Attorney Lewin and UE and his parents appeared in Haverhill District Court. ND was also present. The case was called and ND got up and told the Judge about all the messages and gave the Judge a folder of all the text messages printed out. The Judge read the messages. The Judge turned to Attorney Lewin and asked if Attorney Lewin wanted to question ND. Attorney Lewin responded “I have just two questions”. Attorney Lewin turned toward ND and asked her if UE had ever threatened to cause her physical harm,. ND replied no. Attorney Lewin asked her if UE had ever threatened to physically harm her property. ND replied no.

May 7, 2021

2 Harassment Prevention Order Wins and 1 Abuse Prevention Order Win

by Robert D. Lewin

AW and BD met about six months ago and fell in love. AW moved in with BD and life was grand. AW had been in a prior relationship with MA and AW and MA had a son – who is now age 25! AW’s relationship with MA had been on and off over the last 25 years. AW ended his relationship with MA for good about 2 years ago. MA did not take well to the end of the relationship and began a pattern of texting AW and BD. She (MA) had the ability to make her text messages appear as if they were coming from a phone number that was not hers. The text messages became more frequent and more threatening. MA even went so far as to send a text to BD’s employer saying that BD was a terrible employee. BD had a high level job at a major hi tech company and said enough is enough. BD filed for a harassment prevention order in Lawrence District Court and sought out a lawyer to represent her at the hearing. BD met with and hired Attorney Robert Lewin from Andover to prosecute her complaint for protection from harassment against MA. BD and Attorney Lewin spent many hours gathering all the text messages that MA had sent and made copies (42 pages of text messages) in preparation for the hearing. Attorney Lewin met at length with BD and AW and prepared them for testifying at the hearing.

On March 31, 2021 BD and AW and Attorney Lewin appeared at Lawrence District Court for the hearing. MA was also present and she had an attorney with her as well. BD testified as did AW and Attorney Lewin presented in evidence all the text messages and through the text of the messages themselves Attorney Lewin was able to establish that the messages had come from MA. MA herself testified and denied sending the messages. Attorney Lewin had obtained an affidavit that MA had signed in Peabody District Court. Her statements in that Affidavit directly contradicted her testimony in Lawrence District Court. The Judge in Lawrence District Court granted BD’s complaint for an Harassment Protection Order and stated from the bench at the end of the hearing that she found that MA had committed perjury. (That was win#1.)

Having lost in Lawrence District Court, MA went to Peabody District Court immediately after the hearing in Lawrence and filed for an Harassment Prevention Order against BD and for an Abuse Prevention Order against AW. “Hell hath no fury ….” BD and AW were served with notices of the complaints against them and they both retained Attorney Lewin to defend them against the orders in Peabody District Court.

December 15, 2020

HARASSMENT PROTECTION ORDER DENIED

by Robert D. Lewin

TP is a 34 year old sales manager working for an international company based in Massachusetts. He resides in Canada. In 2016 he was at the company headquarters in Massachusetts and went up to Salem on Halloween night. He met a married woman (NR) and they began a dating relationship. He would visit her when he was in MA and she made several trips to Canada to visit him. Well as luck would have it NR got pregnant and in August 2018 a baby daughter was born. DNA tests established that TP was the father. Their dating relationship continued and he developed a relationship with their daughter. He came to MA often and always spent most of the time here with his daughter. He had FaceTime visits with her almost daily. For Halloween 2020 TP came down to MA and spent ten days here. Most of that time was spent with his daughter – who is now 2+ years old. At the end of his ten day visit TP returned to Canada. When he got back NR told him that she was cutting off all of his contact with their daughter and that NR did not want him contacting her (NR). NR also said that she would not facilitate FaceTime visits with their daughter any longer.

TP was then served with a Notice from Lynn District Court that NR had applied for a restraining order against him and that a hearing was scheduled for Monday, December 14, 2020 via ZOOM. TP had commenced proceedings in the Probate Court to establish paternity and get visitation, but his Probate Court lawyer told TP that she did not handle restraining order cases in the District Court. TP contacted and retained Attorney Robert Lewin from Andover to represent him in Lynn District Court to defend against the Harassment Protection Order. Attorney Lewin immediately obtained copies of the Complaint for Protection and the Affidavit that NR had filed at Court. TP sent to Attorney Lewin all the text messages between TP and NR as well as some text messages that NR had sent to TP’s sister. These text messages were important because they clearly showed that NR had made absolutely no complaints to TP (or his sister) that TP was harassing NR. Attorney Lewin electronically filed all the text messages with the Court so that they could be used during the hearing before the Judge. Attorney Lewin also electronically served copies of the text messages on NR.

The Court hearing was scheduled for Monday, December 14, 2020. On Friday, December 11 and again on Sunday, December 13 Attorney Lewin and TP spent about 1 1/2 hours (each day) preparing for the Court hearing. TP was fully prepared to testify at the hearing and Attorney Lewin even told TP what to wear for the ZOOM hearing. At 10:00 AM on Monday, December 14, 2020 TP and Attorney Lewin and NR and her attorney appeared before the Judge via ZOOM. In order to get an Harassment Protection Order NR needed to prove three separate acts of willful and malicious conduct. NR’s affidavit itself did not allege or set forth three separate acts. When the case was called Attorney Lewin told the Judge that the Defense was ready. NR and her lawyer folded their tent and withdrew their request for an order.

May 13, 2018

Harassment Prevention Order Denied in Lawrence District Court

by Robert D. Lewin

On April 30, 2018, JB, the mother of a fourth grade female student in a local Catholic School, went to Lawrence District Court and applied, on behalf of her 10 year old daughter, for an Harassment Prevention Order against SM, the mother of another female student in the class. JB alleged that SM over a five month period had “continued to touch her daughter inappropriately” at school. JB further alleged that SM had bullied her daughter at school. And lastly JB allegd that on April 28, 2018 SM had called the police and made a false report against JB.

Upon the filing of her Complaint for an Harassment Prevention Order the Court sent out a notice to SM that there would be a hearing on May 8, 2018. SM sought out a lawyer and met with and hired Attorney Robert Lewin from North Andover, MA. Attorney Lewin immediately went over to Lawrence District Court and obtained a copy of the affidavit that JB filed when she applied for the Harassment Prevention Order. Attorney Lewin and SM went over the affidavit word by word. Every claim that JB made was false and Attorney Lewin and SM were able to build a defense. Attorney Lewin and SM had two lengthy trial preparation sessions in which Attorney Lewin explained the do’s and dont’s of testifying in court.

On May 8, 2018 SM and Attorney Lewin appeared in the Restraining Order Session at Lawrence District Court. JB was there with her lawyer. After a full hearing – which lasted about 30 minutes – the Judge ruled that JB had not proven that her daughter had been harassed by SM and the Judge DENIED JB’s request for an Harassment Prevention Order. The level of preparation of SM and Attorney Lewin’s thorough understanding of the Harassment Prevention Order law were readily apparent to everyone sitting in the Courtroom.

November 16, 2017

2 Harassment Prevention Orders Vacated In Lawrence District Court

by Robert D. Lewin

MT, a woman in her mid sixties, lived in a single family house in Andover with her husband. Immediately adjacent to MT’s property lived a family in another single family house. MT had issues. MT did not like certain things that her next door neighbors did in their yard. When the neighbors would come outside MT would go out into her yard and stare at the neighbors. Then MT began shouting obscenities at the neighbors (in the presence of the neighbor’s minor children). The neighbors began to keep a diary of the incidents and finally in October of 2016 went to Lawrence District Court and both the husband and wife were granted Harassment Prevention Orders against MT. The orders were to expire on October 24, 2017. In December of 2016 MT saw her neighbor in the yard; MT went outside into her yard and walked over to the property line and began to stare at the neighbor. The neighbor got out his camera and began to film MT. The neighbor then went into his house and called the police. The police came and arrested MT and charged her with violating the Harassment Prevention Order. MT went to court and was placed on probation for violating the order. As the one year anniversary date of the order approached MT contacted and retained Attorney Robert Lewin of North Andover, MA to fight the extension of the order. Attorney Lewin told MT that where she had plead guilty to violating the order and where she was on probation for violating the order that it would be an uphill fight to get the order vacated.

The law with reference to extending these Harassment Prevention Orders is that the plaintiff (the person seeking to have the order extended) has the burden of proving that there is still a need for the order – that is that there is still a reasonable fear of the plaintiff being harassed – at the time the extension is sought. The law is identical with reference to extension of Abuse Prevention Orders as well.

Attorney Lewin thoroughly prepared MT to testify in court and Attorney Lewin prepared a written legal memorandum for the judge setting out in particular that the plaintiffs (MT’s neighbors) had the burden of proving that they still had a reasonable fear of being harassed by MT. On October 24, 2017, after a full hearing at which both sides testified, the judge in Lawrence District Court ruled in MT’s favor and refused to grant an extension of the order.

September 19, 2017

Two Harassment Prevention Orders Dismissed

by Robert D. Lewin

MW and her husband SW own a condominium unit in Ipswich. Their unit is one of eight units in this small complex. MW served as president of the condominium association. One of the owners in the association, KN, was very difficult. She paid her condo fees late; she abused her parking privileges; and she committed other violations of the rules and regulations of the condominium association. As president of the condominium association it was MW’s job to enforce the rules. MW sent KN a series of emails and called her as well to get her to comply. On August 30, 2017 KN went to Ipswich District Court (now in Newburyport) and applied for an Harassment Protection Order against MW and her husband SW. The Court sent out a Notice to MW and SW that there would be a hearing on September 15, 2017 at which hearing the Judge would decide whether or not to issue an order against either or both MW and SW.

MW and SW met with and retained Attorney Robert Lewin from North Andover. After reviewing the Complaints for Protection from Harassment and KN’s Affidavits and after having taken a detailed statement of the facts from MW and SW, Attorney Lewin was very confident that there was absolutely no basis whatsoever for the court to grant an order. MW and SW were great clients. They furnished Attorney Lewin with copies of all the condominium documents and all the email correspondence between them and KN. It was abundantly clear that all the emails and all the contact between MW, SW, and KN grew out of and concerned legitimate condominium business. Attorney Lewin thoroughly prepared MW and SW for the hearing. He went over their testimony with them in great detail.

On September 15, 2017 Attorney Lewin and MW and SW appeared at the Court ready for the hearing. KN was present as well. The case was called. KN testified. The Judge could see that there was no harassment here, that all the contact between MW and SW with KN had to do with legitimate condominium business. At the conclusion of the hearing the Judge said he was dismissing KN’s applications for harassment prevention orders immediately.