October 09, 2009

• Steven Topazio wrote this April 27, 2014 at 9:36 am

The wife of the defendant recently filed for divorce and served the defendant with divorce papers, yet still lived with her husband. Prior to a hearing on temporary motions in the divorce case, the wife went to the Quincy District Court and obtained an ex parte temporary restraining order against her husband of 24 years. Ex parte means the wife appeared in court without giving notice to her husband when she obtained the temporary order. Prior to the hearing on the Permanent Order, the defendant hired Attorney Topazio. Today, after conducting a full hearing, Attorney Topazio, was successful through effective cross-examination in challenging the wife’s credibility and convinced the Court that the actions of the wife to file for a restraining order were most probably motivated by a desire to get leverage in the recently filed divorce case and not because she was in fear of her safety. Through cross examination Attorney Topazio elicited testimony that there was no history of abuse, prior restraining orders or police intervention between the parties. Today Attorney Topazio persuaded the Court not to issue the permanent 209A Order.