Massachusetts Restraining Order Violations
A 209A Restraining Order Violation in Massachusetts is considered a domestic charge by most prosecutors offices and will be handled in many cases by a domestic abuse prosecutor.
209A Restraining Order violations are handled in the district court. A 209A violation could arise out of an allegation that you made contact with an individual protected by a 209A order, by appearing either at their home, or their work or within an unacceptable close proximity as defined in the 209A Order.
Other types of 209A violations including a new allegation off alleged abuse of the victim of the 209A Order: This could occur in a situation where you were charged with a domestic assault and battery or assault and battery and at the time of the alleged assault and battery there was an outstanding 209A Order. Whenever you are charged with a domestic assault and battery and there is already an existing 209A Order, the case will be taken very seriously by the district attorneys and the potential punishment will be more severe as the court will affirm that the violation of the 209A Order establishes that you cannot comply with what the court orders and obey the directions of the court.
The Commonwealth must prove the following elements to establish a restraining order violation:
- That a valid 209A order was issued by the court;
- That the order was in effect on the date of the violation;
- That the defendant had notice that the order was in effect or learned of the terms of the order.
- That the defendant violated the order.
Defenses to a 209A Order Violation:
Even though you were charged with violating a 209A order, you still may have some legal defenses, including:
- You were not served with the order;
- That the contact did not violate the terms of the order;
- That it was unintentional, but accidental contact.
Further, even if there is a technical violation of the order, a technical violation will be treated by the court and prosecutors in terms of resolution of the case, different from a more deliberate or intentional violation of the terms of the order.
If you have any questions regarding a Massachusetts 209A restraining order violation hearing, you can call Attorney DelSignore at 781-686-5924 or 508-455-4755 to discuss your recent 209A restraining order charge.