Criminal Charges:
Application for Criminal Complaint for Violation of an Abuse Prevention Order, in violation of M.G.L. c. 209A, § 7.
City, State, County and Court:
Jamaica Plain, Massachusetts, Suffolk County
Boston Municipal Court (West Roxbury)
Case Overview:
A Connecticut man was formerly involved in a romantic relationship with a Massachusetts woman. The relationship ended with the man being criminally charged and admitting guilty to three domestic violence misdemeanor offenses, resulting in him incurring a suspended jail sentence of 364 days, for three years with probation. While on probation, the woman successfully obtained an Abuse Prevention Order from the Boston Municipal Court in West Roxbury, MA. The same day the Court granted her request for ex parte order, she visited the Boston Police Department to allege that the man violated the order via electronic communications in the form of social media posts. Police declined to charge and arrest the man, but instead elected to file an application for criminal court with the man. Once he received a summons to appear for a Clerk-Magistrate’s Hearing, he retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Application for Criminal Complaint Denied.
With the use of an investigator, Attorney Calcagni had the man’s phone records and digital devices examined to prove that the man did not direct any electronic communications towards his ex-girlfriend, as alleged. Attorney Calcagni presented this information to the Clerk-Magistrate at the hearing. Further, the Clerk-Magistrate was very skeptical about the timing of the woman’s complaint, being the same day as the ex parte Abuse Prevention Order, which was before the man received service and notice of its existence. The investigating officer also had doubts about the woman’s credibility, and even attributed statements to her about threatening to falsify evidence against her ex-boyfriend. Based on this collective information, the Clerk-Magistrate found no probable cause to support the charge and denied the application for criminal complaint.
