Top Marlborough MGL c. 209A Attorney Wins Again: Today on Wednesday, 17 May 2023, NO PROBABLE CAUSE: In Police Department v. Defendant, Docket No. 2367 AC 439, Charges of Violation of an Abuse Protection Order (MGL c. 209A Order) against my client were DISMISSED after NO PROBABLE CAUSE found at the Clerk Magistrate Hearing.* In this matter the Police attempted to charge my client with a Violation of an Abuse Protection Order (MGL c. 209A Order) for sending a letter to his landlord requesting that he be removed from the lease to the apartment which he and his wife previously shared. However, abuse under the statute has a very specific definition, By “abuse” the law means: causing or attempting to cause another person physical harm, placing another person in fear of immediate serious physical harm, or causing another person, by force or threat or duress to engage involuntarily in sexual relations. When cross examined regarding the existence of any of the delineated types of abuse required by the statute the officer indicated honestly that no such abuse existed in this matter, thus NO PROBABLE CAUSE found.
