I represent a woman whose husband filed criminal charges of Assault with a Dangerous Weapon against her in District Court after my client threatened to leave the marriage with the child. The husband alleged that my client attempted to strike both him and their 18 month old child with an automobile after an argument. He obtained an Abuse Prevention Order (Restraining Order) against my client based on these allegations. My client was the primary caretaker of the child. Prior to my representation, the Court ordered that she stay away from the husband and ordered that the husband have custody of the minor child through the Abuse Prevention Order. Thereafter, he alleged that she violated the Abuse Prevention Order when he received a post of “I love you” from a mutually shared Google Calendar Application both parties shared through their mobile devices. Moreover, the husband also filed a Complaint for Divorce against the wife soon afterwards. I also represent the wife in divorce proceedings. It was our position that the charges were false and only filed so he could gain an advantage in custody proceedings in the Divorce. After the extension hearing for the Abuse Prevention Order in District Court, the Court dismissed the Abuse Prevention Order. In addition, after a hearing on a Motion For Temporary Orders in The Probate and Family Court, my client was awarded shared physical custody of the minor child. The husband was also ordered to pay my client child support. My client was thrilled because the husband had kept the child from her for the previous 78 days. The criminal charges and the Divorce are still pending and my client intends to vigorously defend these allegations at trial in both the District Court and the Probate & Family Court. To be continued.
Update: The woman I represented who was alleged to have assaulted her husband with a dangerous weapon (a car) in Fitchburg District Court was found not guilty by a jury after a a day long trial. The jury took less than 20 minutes to reach their verdict.
