Legal Question in Wills and Trusts in Massachusetts
My Massachusetts attorney represented me in my motion to expunge a previously vacated restraining order. The motion was based on the Adams case which addressed how a District Court judge can expunge a vacated restraining order based on a fraud on the court argument. My attorney failed to bring to light the actions of the local police officer who helped the accuser (plaintiff) obtain and introduce fraudulent evidence at the original restraining order hearing. This attorney clearly and deliberately dropped the ball. Should I file a Bar complaint? Seek to recover my paid fee of $500? Although the original restraining order was dismissed / vacated, my motion to expunge and motion to reconsider was denied.
1 Answer from Attorneys
Motions to expunge are rarely allowed. Moreover, I wouldn't say from your facts that your attorney's refusal to failure "to bring to light the actions of the local police officer who helped the accuser" was "clearly drop[ing] the ball."
While it may be the case that your accuser's RO had no merit, it is not necessarily the case that the police was helping the accuser introduce fraudulent evidence. Police come to the Court cloaked in a presumption of credibility. Alleging some conspiracy to have a restraining order placed against you might have made you come off as a wacko.
Why, after all, of the hundreds of domestic situations that policeman deals with every year, would he or she choose to introduce fraudulent evidence against you? What is so special about you?
Alternatively, if the policeperson was a bad apple, wantonly introducing false evidence against random people, do you really expect an attorney to do an in depth investigation into that officer for $500? The money you paid, $500.00, was not a lot of money for a hearing. Let me be clear, I doubt you could hire a private investigator to learn anything of value for $500.00.
While I have sympathy for how outraged you must feel at having been falsely accused, and then having a record, I think second guessing your attorney is unlikely to get you anywhere, and is misguided.