June 20, 2013

• Steven Topazio wrote this May 5, 2014 at 3:13 am

The client, a 39 year old scholar from China, received an application for a Restraining Order from a roommate and retained counsel but was unsuccessful at the extension hearing and the Restraining Order issued for one year. The client discharged her former attorney and hired Boston Restraining Order Attorney Steven J. Topazio to represent her. Boston Restraining Order Attorney Topazio met with his client and developed a strategy on how to represent his client on the one year anniversary of the restraining order. Attorney Topazio focused on the issue that the initial restraining order may have been issued improperly as not meeting the requirements of what a family or household member is as defined in section one of chapter two hundred and nine A (209A). The client lived in a second floor apartment and her roommate lived on a third floor apartment. According to statute, a family or household member “are or were residing together in the same household”. Attorney Topazio argued that his client was not a household member and the court lacked jurisdiction to issue the initial order. Despite the legal argument, Boston Restraining Order Attorney Steven J. Topazio convinced the court to deny the extension of the Restraining Order.