O'Connor and Ryan

Case Results

Dentist Acquitted In Wife’s Death: Read more

Middlesex Superior Court, Middlesex County, Woburn Massachusetts

Client was charged with violating his probation after he was arrested and charged with a new offense in the district court. At a violation hearing before the Superior Court the probation department sought to have the client found in violation and sentenced to a jail term for a number of years. Our firm cross examined the probation officer and all police officers that were involved. We argued that the new offense did not occur as was alleged and that there were numerous inconsistencies in the officers testimonies. We argued that were the Court to find the client in violation that he not be sentenced to a term in jail but that he be re-probated. After a full days hearing the Judge took the matter under advisement and ultimately the client prevailed and was once again placed on probation.

Cambridge District Court, Middlesex County, Cambridge Massachusetts

A 209A Restraining Order was obtained against our client. Our firm represented the client at the extension hearing at which time the holder of the Order alleged that she was in fear for her safety and requested that the Order be extended for 1 year. After conducting a full hearing that included the cross-exam of the Plaintiff and an argument to the Court, the Judge denied the Plaintiff’s request and the Order was vacated on that date.

Worcester Department of Children and Families

DCF filed a Care and Protection against our client and the case proceeded in the Juvenile Court. Our firm represented the client at the Foster Care Review and brought a Motion for Abuse of Discretion before the Court. The Foster Care Review was a lengthy meeting at which we represented the client’s interests and fought on the client’s behalf. The Foster Care Reviewer found in the client’s favor and made findings against DCF that the agency had in fact abused its discretion. The matter proceeded in the Juvenile Court.

Fitchburg District Court, Worcester County, Fitchburg Massachusetts

In the midst of a contested divorce client was charged with an Assault and Battery on his wife and his child. The wife alleged that the client had assaulted her in their home and then assaulted their small child the following day. The wife subsequently obtained a 209A Restraining Order against the client. During the 209A hearing the wife was cross-examined by our firm under oath and was ultimately dismissed. The Assault and Battery case went to trail at which time we conducted an extensive cross examination of the wife. She was able to prompt many contradictory statements by her regarding this alleged incident. We additionally hired an expert who testified as to the wife had alienated the children and her behavior had placed the children in a position where they may make statements that are false. The expert was able to provide the court with an explanation as to the process of parent alienation and its effect on the child. The client was acquitted and found Not Guilty of all charges.

Fitchburg District Court, Worcester County, Fitchburg Massachusetts

Over a period of about one year the client was charged with a number of counts of Violating a 209A Order, and then additionally charged of Assault and Battery and Indecent Assault and Battery on his child. The client had been estranged from his children for a number of years after he and his wife divorced and she obtained a 209A restraining order. The wife continually alleged that the client had violated the 209A Order. Our firm was able to work with the Police Departments and the District Attorney’s Office to successfully have all those charges dismissed. The wife eventually made allegations of abuse of the child alleging that the child had repressed memories of the abuse. The case went to trial in front of jury. Our firm was able to cross-examine the child and was able to elicit testimony from her that some of the statements she had made were lies. The jury came back after one day and the client was found not guilty of all charges.

Worcester Department of Children and Families

The firm appealed an allegation of abuse and neglect against two parents on behalf of their children. Our firm worked with DCF and was able to get DCF to close the case. At the Fair Hearing we had prepared both clients to testify and cross examined the DCF investigator on the case. We submitted a memorandum outlining our argument to the Fair Hearings Officer and the clients ultimately prevailed and the allegations were unsupported.

Worcester Family and Probate Court, Worcester County, Worcester Massachusetts

Client sought to have joint legal and physical custody of the two children and pay child support consistent with the child support guidelines. The wife alleged that the client was self-employed and therefore hiding money that was not reported. The wife sought to obtain a child support order that was more than double than the child support guidelines. At trial the client was prepared to testify as to the nature of his business and the inconsistency of his income. He additionally had been prepared to testify as to his parenting time with the children both during and after the marriage. Our firm cross examined the wife regarding her allegations of money that was made by the client and not reported. After trial the Court ordered that the child support was to be paid consistent with the guidelines at a significantly lesser amount than had been sought by the wife.

Worcester Family and Probate Court, Worcester County, Worcester Massachusetts

In a contested divorce the client sought to have joint physical custody of his two children while his wife argued that she was the primary caretaker of the children and sought sole physical custody of them. The case went to trial and the our firm presented testimony and evidence, through her client, that he had indeed shared in the responsibilities of caring for the children throughout the marriage and subsequent to their separation. The firm spent a significant amount of time preparing the client for trial and putting together witnesses and exhibits to be introduced at trial. After a contested trial at which the wife testified that she should have sole custody of the children, the Court awarded the client joint physical custody of both the children and entered a parenting plan consistent with what the client had been seeking.

Worcester Department of Children and Families

The firm appealed an allegation of sexual abuse that was supported by DCF. The case was brought to a Fair Hearing in front of a faire hearings officer at DCF. There was an extensive hearing we cross-examined the DCF worker who had investigated the case and made an argument to the Officer. We then submitted a lengthy memorandum to the Officer arguing her position. The Fair Hearings Officer overturned the supported findings initially made by DCF and the client prevailed at the hearing.

Worcester Probate and Family Court, Worcester County, 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. Our firm 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 we 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 our firm under oath. The Assault and Battery case ultimately went before a jury. At trial we 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. Our firm filed a Motion for a Guardian ad Litem who was appointed by the Judge. We prepared a voluminous package for the Guardian ad Litem and the court as well as compiling multiple, lengthy, affidavits from the interested parties. We worked at length with the clients preparing them for the interviews and for court hearings. Upon reviewing the documents and information provided by our firm 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 our firm’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. Our firm 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. We 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.

How A Teen’s Coerced Confession Set Her Free Read more

Video Shows Worcester Police Grilling Mother Over Baby’s Death; Read more

$7M Settlement in Crash Lawsuit

http://boston.cbslocal.com/video/30523120/detail.html

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 our firm 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. Our firm 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 our firm and the child’s father argued before the court the matter of jurisdiction and we requested that Massachusetts retain jurisdiction over the child pending a final evidentiary hearing. Our 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. Our firm 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 our 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, our firm 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. Our firm 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, Marlboro Massachusetts
The client was charged with a fourth 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. Our firm 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. We 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 us, the report submitted by the Court’s doctor, and argument by our firm 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. Our firm 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. We 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. Our firm 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. Our firm 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. We 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
Our firm 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. We 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 we were 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. Our firm 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 our firm 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 we 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. Our firm drafted a motion to suppress the evidence based on the Police Officers’ illegal entry and search of his home. We 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. Our firm 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. We were 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.

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