Short Suspensions For Domestic Violence
A two-month suspension was ordered by the Massachusetts Supreme Judicial Court in two domestic violence matters.
On December 15, 1999, the respondent admitted to sufficient facts in the Plymouth District Court to one count of assault and battery in violation of G. L. c. 265, § 13A. The facts were that the respondent slapped his wife in the face during an argument. The matter was continued without a finding until June 15, 2000, on which date the matter was dismissed. The respondent failed to report the conviction to bar counsel within ten days, as required by S.J.C. Rule 4:01, § 12(8).
On August 29, 2013, the respondent admitted to sufficient facts in the Plymouth District Court to two counts of violation of an abuse prevention order in violation of G. L. c. 209A, § 7. The facts were that the respondent sent his ex-wife text messages that violated an abuse prevention order in that they went beyond arranging for visitation, disparaged the exwife and included a veiled threat of violence. The matter was continued without a finding until August 28, 2015, on condition that the respondent “abide by 209A.”
On September 10, 2013, the respondent was arrested for violation of the abuse prevention order. On October 11, 2013, he pleaded guilty in the Plymouth District Court to one count of violation of the abuse prevention order in violation of G. L. c. 209A, § 7. The basis of the plea was that the respondent sent the ex-wife a number of additional text messages disparaging the ex-wife and went to the ex-wife’s home to drop off their child’s pet. The respondent also admitted to a violation of probation in the prior matter. On both matters, he was placed on supervised probation until August 28, 2015, and ordered to undergo anger management counseling.
Mitigation
In mitigation, the respondent suffers from Attention Deficit Disorder and Obsessive Compulsive Disorder, which were exacerbated in the summer of 2013 by an ongoing dispute with his ex-wife over financial issues, thereby impairing his judgment. The dispute was subsequently resolved and the ex-wife allowed the abuse prevention order to lapse. The respondent complied with all probationary terms, including anger management counseling.
The discipline was imposed by consent.
In an unrelated matter
On August 13, 2014, the respondent admitted to sufficient facts in the Lynn District Court to assault and battery in violation of G. L. c. 265, § 13A(a). The facts were that during an argument with his wife at their home on the evening of April 8, 2014, after both had been drinking, the respondent became enraged. On four separate occasions, he placed his hands around her neck and applied pressure for between five and ten seconds. The confrontation ended when the wife locked herself in a bathroom and called 911…
In mitigation, the respondent complied with all probationary terms, including remaining alcohol-free, and is successfully addressing anger management issues in therapy. The respondent is and has been at all relevant times on inactive status and his misconduct does not involve violation of any court orders.
The Daily Item reported that he had initially been charged with attempted murder. (Mike Frisch)