Violation of Restraining Order Application Does Not Issue After Clerk Magistrate Hearing

Our client was served with a 209A restraining order by his estranged wife. He did not contest the order. Several months later he received a notice for a clerk magistrate hearing in the mail. He retained Stephen Neyman to represent him. We obtained a copy of the police report which stated that after the restraining order was issued our client terminated his wife’s cell phone service in violation of the 209A order. Our office investigated the case. We accumulated text messages from the wife to our client indicating her desire to have the service terminated so that she could get an account separate from our client’s. In essence, she had lied to the police when making her complaint. We presented this information to the clerk magistrate at the hearing and convinced him not to issue a criminal complaint. No probable cause was found.

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