Case Results

Worcester Probate and Family Court, Worcester Massachusetts

The firm successfully defended a former husband’s attempt to terminate alimony after he attained retirement age. The former husband was not retired, but nevertheless sought to terminate his alimony obligation stating he intended to retire and should not have to pay alimony any longer given his advanced age and poor health. He also tried to avoid paying for the former wife’s medical insurance and discontinue maintaining life insurance on his life. The court after trial dismissed the complaint and entered judgment for the former wife noting that the former husband was still working, making a substantial weekly salary, and could clearly afford to pay alimony. The court determined that the wife, although having significant assets, still needed weekly support, health insurance and life insurance.

Department of Children and Families Fair Hearing, Suffolk County, Boston Massachusetts

Client was accused of molesting a three year old child after the child made such an allegation No charges were filed by the Police Department or the District Attorney’s Office. The Department of Children and Families conducted an investigation and supported the allegation of sexual abuse. Client lost his employment and was stigmatized by the findings of the Department. Attorney Levy requested a Fair Hearing to dispute the allegations and have the Department conduct an inquiry as to the sufficiency of the investigation. After an extensive hearing during which Attorney Levy cross-examined Department workers who had investigated the case, the Department overruled it’s prior findings and the decision to support the allegations of sexual abuse were reversed.

Worcester District Court, Worcester County, Worcester Massachusetts

In the midst of a contested divorce client was charged with two counts of Assault and Battery on his wife. The wife alleged that the client had assaulted her in their home and that she was forced to flee and seek help from neighbors. The wife subsequently obtained a 209A Restraining Order against the client. During the 209A hearing the wife was cross-examined by Attorney Levy under oath. The Assault and Battery case ultimately went before a jury. At trial Attorney Levy conducted an extensive cross examination of the wife during which she was able to elicit many contradictory statements by her regarding this alleged incident. The wife at one point broke down on the stand and the jury was removed from the courtroom. After a two day trial the client was acquitted and found Not Guilty of all charges.

Bristol Probate and Family Court, Bristol County, New Bedford Massachusetts

Clients were non-family members of three minor children seeking to have a guardianship by the children’s aunt and uncle terminated. Children had no parents and were under a permanent guardianship with the aunt and uncle. Clients sought to terminate that guardianship, alleging that the guardians were unfit. Attorney Levy filed a Motion for a Guardian ad Litem who was appointed by the Judge. Attorney Levy prepared a voluminous package for the Guardian ad Litem and the court as well as compiling multiple, lengthy, affidavits from the interested parties. She worked at length with the clients preparing them for the interviews and for court hearings. Upon reviewing the documents and information provided by Attorney Levy and conducting various interviews the Guardian ad Litem provided a report to the court in excess of 100 pages recommending that the children be placed with Attorney Levy’s client and that the current Guardianship be terminated. The Guardianship was terminated and the children were placed with the client.

Plymouth Probate and Family Court, Plymouth County, Brockton Massachusetts

In a paternity case client was seeking sole legal and physical custody of the minor child. He did so after the mother had had a manic episode and was involuntary hospitalized. Upon her release Mother then sought to obtain sole legal and physical custody of the minor child. Mother attempted to obtain 209A Restraining Orders against the client and made false allegations of drug use and abuse against the client, all to no avail. Attorney Levy hired a renowned Clinical Psychiatrist to assist with the preparation of the case and to testify at trial. Together they worked on his testimony which was an integral part of the case. Attorney Levy prepared both the doctor and the client for trial and had to become intimately familiar with the Mother, her history and the history of their relationship. After a lengthy trial which included hours of testimony and numerous exhibits the Judge awarded the client with sole legal and physical custody of the minor child with a child support award to him.

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$7M Settlement in Crash Lawsuit

Personal Injury Settlement
Automobile accident recovery of $97,000. The client was a passenger in a motor vehicle involved in a bad accident. The client was a young man who received serious injuries, including a broken jaw. The client received additional payments for medical bills.

Gardner District Court, Worcester County, Gardner Massachusetts
Client’s spouse attempted to obtain a 209A Restraining Order against her. After a hearing, at which the client represented herself, the Judge issued the Order against her. The client hired Attorney Levy who filed a Motion to Vacate the Order. The Motion was allowed.

Worcester Probate Court, Worcester County, Worcester Massachusetts 
Client and her child were living outside the state of Massachusetts with the child’s father. The client decided to leave and come back to Massachusetts as a result of abuse she endured while living with the child’s father. The father filed a complaint in the other state requesting an order from the court that she return with the child as Massachusetts did not have jurisdiction over the matter or the child. Attorney Levy obtained an Emergency Motion in Massachusetts requesting that the client be granted full legal and physical custody and a hearing on the matter of jurisdiction. The Motion was allowed. At the next hearing date Attorney Levy and the child’s father argued before the court the matter of jurisdiction and Attorney Levy requested that Massachusetts retain jurisdiction over the child pending a final evidentiary hearing. Attorney Levy’s request was allowed.

Worcester Probate Court, Worcester County, Worcester Massachusetts
While going through a divorce the client’s wife made allegations that the client had inappropriately touched his young child As a result she denied him visitation with the child and the Department of Children and Family Services became involved. Attorney Levy immediately filed Motions in the Probate and Family Court in order to establish his visitation and contacted the Department of Children and Family Services. Subsequent to meeting with the Department, with her client, the Department screened out the case and the client was able to regain his regular visitation with his child.

Fitchburg District Court, Worcester County, Fitchburg Massachusetts 
Client was charged with two counts of assault and battery on two different individuals and the incident was caught on tape. Both the alleged victims hired an attorney. After successful negotiations with the prosecutor and counsel for the victims, Attorney Levy was able to get one charge of assault and battery dismissed and a nolle prosequi on the second charge.

Gardner District Court, Worcester County, Gardner Massachusetts 
Client was charged with domestic assault and battery and as a result of children being present in the home, the Department of Children and Family Services became involved. Attorney Levy met with the client and the Department on a number of occasions. After working with the Department they closed the case against the client and the criminal charges were subsequently dismissed.

Marlboro District Court, Middlesex County
The client was charged with a four offense OUI and was facing a lifetime loss of license and jail time of two and one half years. After review of his 15-20 year old prior convictions it was determined that the convictions were obtained in violation of his rights. We filed and successfully argued motions to vacate two prior convictions. Once the prior convictions were vacated the client was no longer facing a mandatory minimum period of jail time and no longer faced a lifetime loss of license. After trial on the main offense the client was placed on probation, even though the Commonwealth sought a two and one half year commitment to jail and other severe sanctions. As a result the client was not jailed and was able to maintain his employment. This was significant since loss of employment would likely have meant his children losing their home.

Fitchburg District Court, Worcester County, Fitchburg Massachusetts
Client was charged with a number of counts of indecent assault and battery on a child over the age of fourteen. The client elected to plea and did not want to take the case to trial. The Commonwealth sought to have the client convicted and register as a sex offender with Sex Offender Registry Board. Attorney Levy sought to have the case continued without a finding of guilt with no registration requirement. The Court ordered the client be examined by a counselor chosen by the Court. Attorney Levy had the client additionally evaluated by a doctor of her choosing and submitted that report to the Court. Subsequent to reading the report submitted by Attorney Levy, the report submitted by the Court’s doctor, and argument by Attorney Levy and the prosecutor, the Judge allowed the case to be continued without a finding and did not require that the client register as a sex offender.

Peabody District Court of Essex County, Peabody Massachusetts
Client was stopped at a red light, the light turned green. The client was not feeling well and stayed stopped at the light, waving other vehicles around her. The client was approached by the police and asked to step from the vehicle. The client was having a reaction to foods that she had ingested that caused her to become combative and belligerent. The client refused to perform any field sobriety tests and was placed under arrest immediately for OUI/DWI. Even upon arrest the client continued to make belligerent statements and was uncooperative with the police. Attorney Ryan recommended that the client take the case to trial. At trial he effectively cross examined two police officers about their interactions with the client. As a result he was able to exploit inconsistencies’ in their testimony. Attorney Ryan called the clients family and friends as witnesses and was able to illicit testimony from them regarding her previous behaviors consistent with her behavior that evening. The client was then found not guilty.

Waltham District Court, Middlesex County, Waltham Massachusetts
Client was charged with malicious destruction of property and was summonsed for a clerk’s hearing. Attorney Levy represented the client at the clerks hearing and was able to successfully argue that the complaint should not issue as a result of numerous factors involved within the case. The complaint was not issued.

Fitchburg District Court, Worcester County, Fitchburg Massachusetts
Client was charged with a number of counts of domestic assault and battery, assault and battery on a police officer, vandalizing property and resisting arrest. While the case was pending the client was subsequently charged with threatening to commit a crime. At his arraignment the Commonwealth moved to revoke the client’s bail and have him held for sixty days. Attorney Levy was able to effectively argue and the Judge did not revoke the client’s bail and allowed him to go to another state to reside with family. Attorney Levy resolved the case with a period of pre-trial probation for a short period of time with the case ultimately being dismissed.

Suffolk Probate & Family Court, Suffolk County, Boston Massachusetts
Attorney Levy represented a client in a high asset divorce case in which the parties’ assets were all held in the Wife’s name with the majority of assets unknown to the client. The client sought to file for divorce and obtain a 209A Restraining Order against his Wife, forcing her to vacate the marital home. Attorney Levy represented the client at the initial hearing and the Restraining Order was issued against his Wife. Thereafter the Wife attempted, unsuccessfully, to have the Restraining Order vacated by the Court. Through negotiations with opposing counsel Attorney Levy was able to get the client a significant advance distribution of the marital assets and kept the Restraining Order in place for the pendency of the case.

Clinton District Court, Worcester County, Clinton Massachusetts
Client was charged with violating a 209A Restraining Order. Attorney Levy was able to negotiate with the prosecutor and effectively argue before the court. The charges against the client were all dismissed.

Juvenile Court, Worcester County, Fitchburg & Leominster Massachusetts
Client’s child was removed from the home and taken into DCF custody after being taken to the hospital by the client for a broken bone. The client was unable to explain to doctors how the bone had been broken as the child had been asleep in the crib at the time of the injury. DCF was immediately called and the injured child was removed from their custody, the second child was placed in a foster home that evening. Working with DCF Attorney Levy was able to get second child placed back with the client and got DCF to place the injured child with a family member as opposed to being placed in a foster home. After numerous hearings, meetings and dealings with DCF the case was dismissed by the court and the child was returned to the custody of the client.

Gardner District Court, Worcester County, Gardner Massachusetts
Client’s spouse obtained an ex-parte 209A Restraining Order. A hearing was held based on the spouse’s request to extend the Order for a year. During the hearing Attorney Levy effectively cross-examined the spouse and argued that there was no basis to extend the Order. After hearing the court denied the spouse’s request to extend the 209A Restraining Order and the Order was vacated.

Gardner District Court, Worcester County, Worcester Massachusetts
Client was arrested and charged with possession and improper storage of firearms.
Attorney Levy drafted a motion to suppress the evidence based on the Police Officers’ illegal entry and search of his home. Attorney Levy argued within the motion that the entry and search of the clients’ home was conducted without consent, without probable cause, without a warrant and in the absence of any circumstances that would justify the entry and search of his home and the seizure of his property by law enforcement officers. After motion hearing the Court allowed the motion and the charges against the client were dismissed.

Unemployment Insurance Hearing, Fitchburg Massachusetts 
Client resigned from his employment at a large supermarket chain and received a severance package. He additionally applied for and received unemployment benefits. His employer objected to the unemployment compensation he was receiving and requested that he pay back the unemployment compensation that he had already received. Attorney Levy suggested to the client that he request a hearing. At the hearing the employer argued that the client had voluntarily left his employment without good cause and made allegations of misconduct on the part of the employee. Attorney Levy was able to argue that the employer had put the client in a position where he essentially had no other choice but to resign based on the actions of the employer. The Unemployment Hearings Officer ruled in favor of the client and awarded the client unemployment benefits. The employer had an opportunity to appeal and declined to do so.