Domestic violence charges / violation of 209A restraining order - not guilty
December 2022
The client was arrested by the Weymouth police and charged with a domestic assault & battery, when his wife alleged that he struck her with a measuring stick when trying to prevent her access into their apartment. Client alleged the wife was intoxicated and had acted violently against him in the past. The wife obtained a restraining order against the Client. Next, on two subsequent occasions the wife alleged that he Client violated the terms of the 209A Restraining Order; once by going to the apartment complex management office to pay the rent, and a second time by sending the wife a text message.
1st Case - the Client's defense was that it was the wife who was was intoxicated and stuck the Client. Attorney Flaherty meet with the Client and his siblings and investigated the case. Attorney Flaherty found that the police had been called by Client on a prior occasion, where the Client had alleged that he was stuck by the wife while she was intoxicated. Attorney Flaherty scheduled the matter for jury trial and requested that the Honorable Judge allow this police officer to testify to the wife's prior bad acts, which he did allow. The wife waived her rights pursuant to the 5th amendment (self-incrimination) and testified against the Client at trial. Client chose to also testify at trial. During cross examination, Attorney Flaherty was able to raise doubt about the wife's credibility. After trial, the Client was found Not Guilty.
2nd Case - Violation of 209A Restraining Order - Attorney Flaherty drafted and argued a Motion to Dismiss, which the Judge agreed and dismissed the criminal charges.
3rd Case - after trial the Client was found Not Guilty. Attorney Flaherty argued there was not sufficient evidence that the Client sent the text messages.
Practice area(s): Criminal Defense, Domestic Violence
Court: Quincy District Court
