Getting Our Client Released: Winning a 58A Dangerousness Hearing in Lowell District Court

Written By: Chris O’Brien

Published: 05/23/2025

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What Was at Stake

Recently, I defended a client who was accused of harassing his ex-partner and violating a restraining order, which triggered a dangerousness hearing in Lowell District Court. The harassment prevention law, sometimes called a “258E” was being used to allege the violation of an abuse prevention order under Chapter 209A. The prosecution wanted to keep him in jail without bail under what’s called a “58A dangerousness hold.” My client had already spent over 24 hours locked up and was facing at least 90 more days behind bars if we lost.

The False Accusations

After looking at the evidence and talking with my client, it was clear that something didn’t add up. The allegations from his ex-partner were inconsistent and questionable. Most telling? She wouldn’t even show up to the hearing to testify under oath.
Instead, the prosecution wanted to “proceed on the papers” – basically asking the judge to just accept the police reports as truth without anyone testing those claims through questioning.

Fighting Back

Here’s the thing – the law isn’t supposed to work that way. You can’t just lock someone up based on statements that haven’t been challenged, especially when those statements come from someone with a history of lying to police and changing their story in court.
Drawing on my experience as a former prosecutor, I knew exactly what the law requires in these situations:

If the accuser doesn’t show up, their statements need to have strong signs of reliability
The accused has a right to face their accuser
The prosecution needs a good reason why the witness can’t appear

In our case, the ex-partner had a track record of unreliability – the opposite of what the law demands.

What Happened in Court

At the hearing, I objected to the prosecution’s evidence and explained why their “proceed on the papers” approach didn’t meet legal standards. I emphasized that when someone’s freedom is on the line, the law requires more than just unchallenged allegations.

Victory At Dangerousness Hearing in Lowell District Court

The judge agreed with our arguments and ruled that the prosecution hadn’t proven their case. My client walked out of court that day instead of spending the next three months in jail for something he didn’t do.

Why This Matters

This kind of victory is unfortunately rare in our system. Even when the facts are on your side and you get a fair judge, you still need an attorney who knows how to fight and win—if someone you know is facing a 58A hearing, remember:

These hearings have serious consequences – months of jail time before even getting a trial
The prosecution must be held to proper legal standards
An attorney who knows the specific rules for these hearings can make all the difference

The system often expects people to just give up and accept detention. But with the right defense, it’s possible to protect your freedom by fighting to make sure the rules are followed.

In the end, my client was released not because of any creative legal tricks, but because we knew the law and forced the system to respect the basic principles of fairness that are supposed to protect us all.