Marlborough District Court
Result: Order Vacated
Client is a 57 year old man from Marlborough, MA who was served with a restraining order by his wife.
The client had voluntarily vacated the marital home about five weeks before to attempt a brief separation. The day after he left his wife changed all the locks on the house. The client would occasionally call the client and once stopped by the house and dropped off a torn in half picture of the two of them, an old garter belt of hers and a pillow. After several weeks the client realized the marriage was over and retained Riddle & Associates to file a Complaint for Divorce.
The day that the wife was served with the divorce papers she ran into Court and filed the restraining against the client. At the hearing Attorney Damian Riddle cross examined the wife about the fact that the client never threatened her or physically harmed her. That in all the phone calls he made to her he never threatened her or placed her in fear. Attorney Riddle argued that it was a retaliatory act by the wife to file for the restraining order because the husband served her with divorce papers earlier in the day.
After the evidentiary hearing the Judge declined to extend the 209A abuse prevention order.