December 23, 2013

• Steven Topazio wrote this May 5, 2014 at 4:31 am

The client, a 25-year old Army Veteran who recently returned from Afghanistan, was served with an application for a restraining order after getting into a verbal argument with his wife who alleged he threatened her and damaged furniture and walls in the marital home, hired Boston Restraining Order Attorney Steven J. Topazio to represent him. Attorney Topazio learned that his client lost his job after returning from a tour in Afghanistan and was under great financial pressure of losing his home. Attorney Topazio documented that the collateral consequences of serving in the United States Army contributed to the irretrievable breakdown of his client’s marriage. Attorney Topazio advised his client to file for divorce and to schedule temporary motions in the probate court requesting among other things, that the parties be prohibited from imposing any restraint on the personal liberty of the other, provided that neither party intends that any alleged violation of such a provision shall be treated as a criminal matter. Attorney Topazio had the wife served with divorce papers on the date of the hearing on the extension of the restraining order at the Milford District Court. Attorney Topazio argued that the Probate Court should supersede the 209A restraining order in the Milford District Court, so that any violation would be a civil infraction instead of a criminal violation. Today, Attorney Topazio convinced the Milford District Court to continue the restraining order for three months instead of one year, so as to give the parties time to appear in the Probate and Family Court.