An accidental phone tap on the screen nearly gave our client a criminal record. In April 2026, we secured a full dismissal at a clerk magistrate’s hearing at Lynn District Court for a client charged with violating a restraining order — based on nothing more than an accidental “like” on an old text message.
Here’s what happened, and what this case means for anyone facing a similar situation.
What Happened
Our client had a restraining order issued against them by a former spouse. Months after the order was in place, our client was scrolling through an old conversation in their messaging app and accidentally reacted to — or “liked” — a message from their ex. The app automatically sent a notification to the recipient.
The former spouse reported it to police. Officers filed for a criminal complaint, and the case was sent to a clerk magistrate’s hearing at Lynn District Court to determine whether charges would formally issue.
Our client hired Attorney Matthew Peterson. We got to work immediately — filing our appearance, gathering evidence, and building the case before the hearing date.
What Is a Clerk Magistrate's Hearing?
A clerk magistrate’s hearing is a proceeding that happens before criminal charges are formally filed. A clerk magistrate reviews the evidence and decides whether there is probable cause to issue a criminal complaint. If the magistrate declines to issue the complaint, the case ends there. No charges. No arraignment. No criminal record.
This makes the clerk magistrate’s hearing one of the most important — and most underestimated — stages in the Massachusetts criminal process. Winning here means the case never moves forward.
The Defense: It Was an Accident
Massachusetts law requires that a restraining order violation be knowing and willful. That matters. If our client did not intentionally contact the former spouse, the core element of the offense is missing.
At the hearing, Attorney Peterson argued exactly that. He explained how easy it is to accidentally react to a message — a brief brush of a thumb, a tap in the wrong place while scrolling — and demonstrated that there was no evidence our client meant to make contact. The “like” was on an old message sent months before the restraining order even existed. There was no new outreach, no deliberate attempt at communication, and no pattern of behavior suggesting intent.
The clerk magistrate agreed. The complaint was not issued.
Why This Case Matters
First, accidental violations can be defended. A restraining order violation charge is serious, but it is not automatic. Intent matters. If you did not mean to violate the order, that is a legitimate defense — and it can work.
Second, your attorney needs to understand technology. Explaining how a messaging app works, what a “reaction” or “like” actually does, and why someone might accidentally trigger a notification is not intuitive to everyone. Attorney Peterson was able to explain it clearly and credibly to the magistrate. That made the difference.
Third, acting fast matters. We filed our appearance and began building our defense immediately after being retained. Preparation before the hearing is everything. A clerk magistrate’s hearing can move quickly, and showing up unprepared is not an option.
Our Client Moves Forward — With No Record
Because the clerk magistrate at Lynn District Court declined to issue the complaint, our client walked away with no criminal charges and no criminal record. They can move forward with their life.
If you or someone you know is facing a restraining order violation charge — accidental or otherwise — do not wait. Contact the Law Office of Matthew W. Peterson to discuss your options with an experienced Boston criminal defense attorney.
