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Domestic Assault and Battery Application Dismissed After Clerk Magistrate Hearing
The defendant and his accuser have a child together and are in the middle of visitation and custody proceedings. The accuser alleged that on June 29, 2016 the defendant committed a battery on her. She complained that this occurred in a conference room in the courthouse where the two were trying to come to an agreement on a parenting plan. She went to the local police station and was advised to apply for a complaint at the Salem District Courthouse. She did and a hearing was promptly scheduled for a violation of G.L. c. 265 Section 15M. The defendant hired our office to represent him. Attorney Neyman convinced the clerk magistrate that no probable cause existed and that no complaint should issue. The clerk magistrate agreed and the application was dismissed.
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