December 08, 2011  - Attorney Steven J. Topazio
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December 08, 2011

The client, a 25 year old, received an application for issuance of a permanent abuse prevention order from her mother who called police alleging that her daughter/client threatened to punch her mother’s teeth in, hired Attorney Topazio to represent her. Attorney Topazio continued the hearing date on the issue of whether a permanent order should issue so as to prepare a defense and to investigate his client’s case. Attorney Topazio discovered that his client’s father had died one month prior to the alleged incident and that the client’s mother, who was divorced from the decedent, had been attempting to manipulate the client so as to come into control of the decedent’s estate. Attorney Topazio obtained documentation supporting his client’s position that the mother was retaliating against the client by seeking a restraining order because the client stood up to her mother. Today, Attorney Topazio argued that despite the alleged threatening comments made by his client to her mother that the parties remained together for the remainder of the day without fear and without further incident. Attorney Topazio argued that the petitioner only applied for a restraining order after a second argument so to retaliate against her daughter who called the mother a “money grubbing B****” because the daughter refused to allow the mother to pilfer her father’s estate. Attorney Topazio was successful in persuading the court to deny the restraining order by establishing that the petitioner was not in fear of imminent bodily harm.