1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

ALM GL ch. 209A, § 3
Page 22
Commonwealth v. Butler (1996) 40 Mass App 906, 661 NE2d 666, 1996 Mass App LEXIS 99.
Defendant's motion for required finding of not guilty on charge of violating extended ALM GL c 209A order
should have been allowed because Commonwealth failed to establish that defendant was served with copy of order or
had actual knowledge of its existence and terms. Commonwealth v. Molloy (1998) 44 Mass App 306, 690 NE2d 836,
1998 Mass App LEXIS 29, review denied (1998) 427 Mass 1107, 699 NE2d 851, 1998 Mass LEXIS 452.
Domestic protective order may contain one or more of following restraints: (a) refrain from abusing complainant;
(b) refrain from contacting complainant; and (c) vacate forthwith and remain away from household, multiple family
dwelling, and workplace. Commonwealth v. Johnson (1998) 45 Mass App 473, 700 NE2d 270, 1998 Mass App LEXIS
1031.
Where domestic protective order forbade defendant from abusing complainant but judge's instructions to jury stated
that Commonwealth had to prove that defendant violated order by abusing and/or contacting her, instruction was
erroneous, and although defendant did not object to instruction, error created substantial risk of miscarriage of justice in
light of admitted evidence that while incarcerated defendant sent complainant over 300 letters. Commonwealth v.
Johnson (1998) 45 Mass App 473, 700 NE2d 270, 1998 Mass App LEXIS 1031.
Three convictions of defendant for threatening to commit crime (murder, assault and battery, and malicious damage
to property) were not duplicative of conviction of violation of domestic protective order, and judge could impose
consecutive sentences on each threatening charge to run on and after two and one-half year sentence for violating
protective order. Commonwealth v. Johnson (1998) 45 Mass App 473, 700 NE2d 270, 1998 Mass App LEXIS 1031.
Evidence from complainant that defendant had physically abused her at least eight or nine times previously was
admissible at trial of defendant for violating domestic protective order because it was probative of defendant's hostility
toward complainant and his pattern of acting on that hostility and of complainant's fear that defendant would harm her.
Commonwealth v. Johnson (1998) 45 Mass App 473, 700 NE2d 270, 1998 Mass App LEXIS 1031.
"No contact" provision in abuse prevention order did not violate defendant's right of free speech. Commonwealth v.
Thompson (1998) 45 Mass App 523, 699 NE2d 847, 1998 Mass App LEXIS 1040, review denied (1998) 428 Mass 1108,
707 NE2d 366, 1998 Mass LEXIS 739.
Where judge realized need for former wife to establish that she feared imminent serious physical harm from former
husband and transcript contained inaudible portions of former wife's testimony that may have described her fear of
repeat of past physical harm, appellate court would not disturb judge's issuance of protective order, especially since as
appellant former husband did not furnish appellate court with all evidence and did not utilize procedure to repair
inaudible portions of transcript. Wooldridge v. Hickey (1998) 45 Mass App 637, 700 NE2d 296, 1998 Mass App LEXIS
1112.
Where evidence was that former husband subjected children to verbal harassment and hit son and grabbed him
when angry, evidence of imminent serious physical harm to children was lacking; order for former husband to stay
away from children vacated. Wooldridge v. Hickey (1998) 45 Mass App 637, 700 NE2d 296, 1998 Mass App LEXIS
1112.
Where judge conducted evidentiary hearings and took evidence from both parties before making 209A restraining
order permanent, defendant was not denied fair hearing. Pike v. Maguire (1999) 47 Mass App 929, 716 NE2d 686,
1999 Mass App LEXIS 1081.
Permanent extension of 209A abuse prevention order was justified by former wife's genuine fear of defendant for
five years, which arose from defendant's past abusive acts, recent smashing of windshield of family car, and defendant's
agitated conduct in court. Pike v. Maguire (1999) 47 Mass App 929, 716 NE2d 686, 1999 Mass App LEXIS 1081.