Domestic Violence and Restraining Order Violation Case Results
Boston MA
Proven success defending clients charged with domestic violence and restraining order violations in Boston and across Massachusetts.
Successeful Criminal Defense: the real results of domestic violence and restraining order violation cases by the criminal defense attorneys at Leon & Davis Law.
June 2021
Complaint does not issue for Domestic Assault and Battery. Police responded to a call from a man who accused client of attacking him after an evening of drinking at his apartment. He was summoned to a clerk magistrate hearing charging domestic assault and battery. Attorney Leon convinced the magistrate not to issue a criminal complaint at the hearing. Thus, the case was dismissed and the charge will not appear on his record.
June 2018
Client was charged with Aggravated Rape and Strangulation/Suffocation after his girlfriend called police immediately after leaving his home and accused him of assaulting her. Police saw that she was crying and distraught and had her transported to the hospital for evaluation and treatment. She told them that client demanded sex when he arrived home and strangled her during the alleged rape when she was struggling with him. Police found client at his apartment and arrested him despite his attempts to explain what had occurred that night. Attorney Leon immediately investigated the case and discovered that client’s girlfriend had been drinking most of the night before she arrived at client’s apartment which he shared with two other people. His girlfriend was upset about issues they’d been having in their relationship and began screaming and making a scene. Client kicked her out at 1:30am which was 15 minutes before she called police. Attorney Leon obtained video and documentary evidence that contradicted her version of events in several critical aspects and the medical records did not show any indications of abuse or injury. Attorney Leon provided the results of his investigation to the prosecutor who then filed a motion to dismiss the case after reviewing the materials. The case was dismissed less than two months after client’s arraignment.
January 2016
Client, a 27-year-old professional, was charged with Domestic Assault and Battery after he was accused of punching his girlfriend and throwing her around an apartment after choking her. She was transported to the hospital to receive treatment for injuries to her face and neck. Attorney Leon was able to get the case dismissed.
November 2015
Client, a security guard at a local college, was charged with Burglary, Domestic Assault and Battery with a Dangerous Weapon, Malicious Destruction of Property after he was accused of breaking into the apartment of his ex-girlfriend and her roommate and then throwing a laptop at his ex, hitting her and causing damage to the laptop. She had taken out a restraining order on client the day before the alleged incident. Attorney Leon persuaded a judge to dismiss all charges over the objection of the prosecutor. The case was dismissed.
August 2015
Probation Violation Hearing No Violation Found and Dismissed. Client was on probation for domestic assault and battery, assault with a dangerous weapon, malicious destruction of property, and possession with intent to distribute cocaine. His probation officer issued a probation violation notice asking that he be found in violation of probation and sentenced to the house of correction because he had not complied with the terms of his probation and had been accused of new criminal conduct. Attorney Leon persuaded a judge that client had not violated his probation because his noncompliance with his conditions was not willful and the evidence was insufficient to prove that he had committed a new crime while on probation. The judge terminated his probation and dismissed the case.
June 2015
Client was charged with Domestic Assault and Battery after he was accused of assaulting his wife. He allegedly got into an argument with her that escalated when he grabbed the back of her arm and she fell into some boxes when he pulled her back. She claimed that client’s hand slipped and hit their son when he did this. Attorney Leon investigated the case and obtained documents from the probate court showing that client and his wife were going through a separation and divorce. He provided these documents to the prosecutor who then told the judge that he wanted more time to investigate the case on the morning of trial. Attorney Leon persuaded the judge to dismiss the case.
August 2014
Client was charged with Violation of a Restraining Order obtained by her ex-boyfriend on two separate dates. He claimed that client showed up at his workplace and he had to flee the area because she was so verbally abusive. Two days later she called his phone over 50 times and showed up at his workplace again. He walked to the police station and she followed him inside. She then fled when an officer saw her. Attorney Leon investigated the case and discovered that client’s ex-boyfriend had a lengthy criminal history and a serious alcohol problem. He did not show up for the trial; however, the officer who saw client was present. Attorney Leon spoke to the officer with the prosecutor and he admitted that he only saw client and her ex arguing outside of the police station and never saw her inside the station. Attorney Leon argued that the prosecutor could not go forward with the trial because the officer had admitted that what he wrote in his report was incorrect. Attorney Leon persuaded a judge to dismiss the case.
August 2014
Client charged with Domestic Assault and Battery after his ex-wife accused him of choking her and hitting her during an argument. Police arrived and noticed that her head was swollen. Pretrial investigation revealed that they’d been involved in a contentious divorce and client had been awarded full custody of the children. At trial, Attorney Leon successfully argued that client’s ex-wife fabricated the attack in an attempt to gain an advantage in their ongoing child custody dispute. Client’s ex-wife testified that client struck her in the face and choked her and the prosecution also presented hospital records and a nurse who noted bruising and swelling on her head. Client was found Not Guilty after trial.
July 2014
Client was charged with Violation of a Restraining Order after his ex-girlfriend called police when he showed up at her apartment. Police found him hiding in her basement and he admitted knocking on her door in an attempt to speak with her. Attorney Leon investigated the case and discovered that the restraining order had never been served on client so he did not have notice of its existence and could not be charged with violating it. The restraining order was issued out of a different court and there was no return of service in the court’s file because it was never served. The court’s file included documents from the police department explaining that they had attempted to serve the order on client but were unsuccessful. Attorney Leon used this information to immediately have client released from custody. In response, client’s ex then claimed that he was aware of the restraining order because she had notified him. Attorney Leon was successful in persuading a judge to dismiss the case because client’s ex lacked credibility. The case was dismissed.
December 2013
Attorney Davis’s client was wrongfully accused of violating a restraining order on three occasions. After brutal cross examination, Attorney Davis completely discredited the alleged victim. A jury returned a not guilty verdict in less than twenty minutes.
December 2013
Client was charged with Violation of a Restraining Order after his ex-girlfriend called police after he showed up at her home asking to speak to her. Attorney Leon investigated the case and obtained the restraining order documents which showed that the order had been modified to remove the conditions that client stay away and have no contact with his ex-girlfriend. After this was presented to the prosecutor, client’s ex changed her story and claimed that he placed her in fear by banging on the door and demanding to be let in. The prosecutor believed that she could proceed to trial and argue that this qualified as abuse and was a violation of the order. Attorney Leon filed a motion to dismiss the case citing the modified order and the lack of credibility of the new allegation of abuse and a judge allowed the motion over the prosecutor’s objection. The case was dismissed.
November 2013
Client charged with Domestic Assault and Battery after he was accused of assaulting his girlfriend during an argument. Police received a call for a woman screaming in an alley and found his girlfriend on the ground in the fetal position. She told police that client choked her and threw her to the ground. She was transported to the hospital due to a severe wrist injury. Today, Attorney Leon was able to get the charges dismissed.
October 2013
Client was charged with Domestic Assault and Battery, Witness Intimidation, and Threats after his wife walked into a police station to report that she was the victim of an abusive relationship. She went to the hospital and received stitches for a head injury, and police obtained her medical records and photographed a scar on her forehead from the assault. She said that she never called police because client threatened to kill her if she did and also threatened her siblings. The medical records noted that she told hospital staff that the injury occurred when she was cleaning and a wooden slat from a mattress fell down and hit her in the head. She told police that client forced her to lie to the hospital staff about how she sustained the injury. Attorney Leon retained an emergency room physician to review the allegations and medical records. The physician provided a report concluding that the injury was not caused by a fist or foot because the laceration would have been jagged and there would be more swelling and bruising surrounding the area than was documented. He concluded that the injury to client’s wife was more likely to be caused by a falling wooden slat hitting her head than by a fist or a foot. Attorney Leon was then successful in getting the case dismissed.
October 2013
Client was charged with Domestic Assault and Battery, Threats after she was accused of assaulting her ex-boyfriend and threatening him over the phone on two later dates. Attorney Leon investigated the case and discovered that client’s ex-boyfriend had a lengthy history of domestic violence convictions against his other partners as well as several restraining orders issued against him. Attorney Leon obtained the certified court records documenting those convictions and restraining orders and provided them to the prosecutor with the intention of using them to impeach her ex-boyfriend’s credibility at trial. On the morning of trial, the prosecutor presented the certified convictions and restraining order affidavits to client’s ex-boyfriend and he decided that he wanted to drop the charges. Client’s ex signed a document agreeing to dismiss the case. The agreement was presented to a judge who then dismissed the case.
September 2013
Client was charged with Domestic Assault and Battery with a Dangerous Weapon and Domestic Assault and Battery after his girlfriend called police. Police arrived and saw bruises on his girlfriend. Attorney Leon was successful in getting the case dismissed.
June 2013
Client was charged with Domestic Assault and Battery after he was accused of pushing two of his roommates down the stairs of an apartment building. When police arrived, both women claimed that client forcefully pushed them; however, client tried to explain that it was an accident. He told them that he was in a rush and running up the stairs as they were coming down and accidently bumped into them. Attorney Leon’s investigator obtained video from the bottom of the stairwell which proved that neither woman fell down the stairs. Attorney Leon scheduled the case for trial and provided the prosecutor with the video. On the day of trial, the prosecutor explained that the two women would not be appearing for trial after being made aware that there was video of the incident. The case was then dismissed.
March 2013
Client was charged with Domestic Assault and Battery and Witness Intimidation when he was accused of spousal abuse by his wife after an argument. He was also accused of intimidating her when he allegedly threatened her with consequences if she called police. Police arrived and photographed the injuries to his wife. Attorney Leon succeeded in getting the case dismissed prior to trial.
November 2012
Client was charged with Domestic Assault and Battery on her boyfriend after he called police. Her boyfriend told police that client was struggling with heroin addiction and called police when he found her stash of drugs and bag of syringes. He claimed that client attacked him as he was calling police by punching and kicking him. Police saw fresh scratches on her boyfriend’s arm and a fresh bruise on his left foot. Client was arrested despite telling police that she was defending herself from her boyfriend. Attorney Leon investigated client’s boyfriend and found out that he had a lengthy prior history of domestic violence. This was provided to the prosecutor as part of client’s self-defense claim because it showed that her boyfriend was the first aggressor in this incident. On the day of trial, the prosecutor explained that client’s boyfriend wanted the case dropped after he was called earlier in the week to prepare for trial and was presented with the prior reports documenting his history of domestic violence. The case was then dismissed.
October 2012
Client was charged with Domestic Assault and Battery, Assault and Battery with a Dangerous Weapon, and Strangulation after he allegedly grabbed his girlfriend by the hair and pushed her out a door late one night after a day of drinking. He then kicked her in the stomach and strangled her. She called police from a payphone and they arrived to find her crying in an ambulance as she received treatment for her injuries. Attorney Leon convinced the jury that client’s girlfriend was not credible after exposing her changing stories during cross-examination and her motive to lie because she thought client was seeing another woman. Pretrial investigation revealed that she had received inpatient treatment due to alcoholism and had a history of blackouts which was also presented to the jury. The jury found the client Not Guilty on all counts.
September 2012
Client was charged with over eight felonies relating to an accusation of stalking. Through investigation and cross examination at trial, Attorney Davis was able to demonstrate that the alleged victim was completely unreliable. Attorney Davis’s client was acquitted of all eight charges.
September 2012
Client was charged with Domestic Assault and Battery after his wife reported that he woke up drunk from a night of drinking and attacked her after she hid his car keys. She said he grabbed her by the shoulders and threw her to the floor. A neighbor banged on the front door and said that they had called police after hearing the commotion. Client allegedly fled the home in response. Attorney Leon was able to get the case dismissed.
August 2012
Client was wrongfully accused of beating his wife. After jury trial, Attorney Davis’s client was acquitted.
August 2012
Client was charged with Domestic Assault and Battery and Witness Intimidation after his wife called police and claimed he assaulted her. Police arrived and saw several injuries on client who explained that his wife attacked him during an argument when she scratched his face and neck. His wife claimed that she scratched client in self-defense when he tried to strangle her. Police arrested both client and his wife and charged them with domestic violence against each other despite client being the only one with injuries. Both client and his wife wanted the case to be dropped so they each asserted their Fifth Amendment privilege against self-incrimination at the next court date and the case was dismissed.
July 2012
Client was charged with Domestic Assault and Battery after she assaulted her father. Client’s mother called police to report that she was out of control. Her parents were upset because she came home late and seemed to be under the influence of drugs. Her father confronted her about his concerns and she attacked him by punching him all over his face and body. Police saw that her father had a black eye. Her father handed police a purse with a needle and loose pills inside. Attorney Leon met with client’s parents and they wanted her to get help. Attorney Leon was able to get his client enrolled in a program for young mothers along with an addiction treatment program and a mental health program. He also connected her with a psychiatrist so she could receive appropriate treatment. Client was still participating in all four programs after six months and her father was satisfied with her progress and decided that he wanted to drop the charges. The prosecution would not agree to dismiss the case despite her progress and told the judge that client belonged in drug court. Client’s father signed a document agreeing to dismiss the case. Attorney Leon presented the agreement to a judge and persuaded them to dismiss the case over the prosecutor’s objection.
June 2012
Client was charged with Violation of a Restraining Order that his ex-girlfriend had taken out against him. She told police that her sister received a text message that she believed was sent from client on the day of the hearing to extend the order. The text was a request for her to not show up to court so the restraining order could be dropped. Attorney Leon persuaded a judge to dismiss the case over the prosecutor’s objection because there was no proof that client was the person who sent the text message and it could not be authenticated.
April 2012
In the midst of a contentious custody dispute, Attorney Davis’s client was wrongfully accused of violating a restraining order. Attorney Davis’s client proceeded to jury trial and was acquitted in less than fifteen minutes.
March 2012
Probation Violation Hearing No Violation Found and Case Dismissed. Client was on probation for domestic assault and battery. His probation officer issued a probation violation notice asking that he be found in violation of probation. Client reported to probation regularly and had not reoffended; however, he had not completed the batterer’s program or any other conditions of probation. Attorney Leon worked with client to get him set up with a psychiatrist to address his mental health issues and write a letter to probation explaining that client did not require additional treatment. He also obtained letters from client’s employers and documented his work history. Attorney Leon persuaded a judge to terminate client’s probation early and the case was dismissed.
December 2011
Client was charged with Domestic Assault and Battery and Threats against his girlfriend. Attorney Leon investigated the case and determined that the incident took place outside of the territorial jurisdiction of the court. He filed a motion to dismiss due to improper venue and persuaded a judge to allow the motion. The prosecutor never refiled the case in the appropriate court and the case was dismissed.