Massachusetts Criminal Lawyer Blog
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.
Winning these harassment prevention orders takes good preparation of the client and witnesses and a good knowledge of the law. Attorney Lewin always – in every case and with every client – takes the time to prepare for court hearings and trials. This means, well before the court date, sitting down with the client and the witnesses and going over their testimony in detail. It also means preparing the witnesses and the client for questions that may be asked by the judge or the opposing lawyer. And it means instructing the client and the witnesses on some very important do’s and don’ts on the witness stand. A hearing on an harassment prevention order is a trial (without a jury). The person seeking the order has the burden of proving three separate incidents of harassment.
LO’s case was well prepared by Attorney Lewin. LO and his witnesses were well prepared to testify by Attorney Lewin. LO won his case.