A Weston man was recently arrested and charged after allegedly violating a Massachusetts restraining order his wife had gotten against him, The MetroWest Daily News is reporting.
Westborough criminal defense lawyers recognize that these matters are private, yet can take a public turn once the issues get into the court system.
In this case, a 29-year-old man now faces criminal charges after he allegedly violated the restraining order and then forced a police cruiser off the road, The MetroWest Daily News reports.
According to the newspaper, the couple has had various domestic violence issues recently. The wife was arrested on Christmas Eve after she allegedly crashed a party at the man’s Aspen Road home, threw a chair through a widow and assaulted someone. The wife, who previously had a restraining order against her husband, renewed it recently and the man showed up at her house and entered, police said, in violation of the order.
The wife told him to leave and as he did, he reportedly drove down the center of a road without his headlights, which caused a police officer to drive off the road. The man was arrested at his home and charged with a restraining order violation, driving to endanger, speeding, driving without headlights and failing to keep right.
Prosecutors have asked that the man’s bail be revoked in a previous case where he is accused of assaulting his children. The man is being held on the probation violation, but no decision was made by a Framingham District Court judge on the prosecution request.
According to the Massachusetts Criminal Model Jury Instructions, in order to be convicted of violating an abuse prevention order (a 209A violation), the prosecution must show four things:
- That a court had issued an order that required the person not abuse, not contact, stay away from, stay away from a household or workplace of another
- That the order was in effect at the time of the alleged violation
- That the defendant knew the terms of the order
- That the defendant violated the order
These are very specific things the prosecution must prove beyond all reasonable doubt in order to ensure a person is convicted of this charge. And there are specific definitions in the law for what “abuse” and “contact” actually mean. Not every case is black and white and therefore an experienced Massachusetts criminal defense lawyer must be brought it to study the facts of the case and provide a sound defense.
These cases can tear apart families and friends as well as lead to significant criminal charges. They shouldn’t be taken lightly, but rather should be defended aggressively.
Massachusetts Criminal Lawyer Michael DelSignore represents clients facing serious misdemeanor and felony charges throughout the state.
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