1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

ALM GL ch. 209A, § 6
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1104, 482 NE2d 328, 1985 Mass LEXIS 1659, and among conflicting authorities noted in, Commonwealth v. Wright
(1994) 560 Pa 34, 742 A2d 661, 1999 Pa LEXIS 3774, reconsideration den, Commonwealth v. Wright (2000, Pa) 2000
Pa LEXIS 522.
Although ALM GL c 209A requires police officers to arrest person who has violated protective order, police
officers are not made liable for failing to do so, and, accordingly, claim under last paragraph or "savings clause" of ALM
GL c 258, § 10 (Massachusetts Tort Claims Act) is not supported by police officers' failure to arrest plaintiff's former
husband for repeatedly violating ALM GL c 209A order. Ford v. Town of Grafton (1998) 44 Mass App 715, 693 NE2d
1047, 1998 Mass App LEXIS 401, review denied (1998) 427 Mass 1108, 700 NE2d 268, 1998 Mass LEXIS 389 and
petition for certiorari filed (Sep 30, 1998).
Complaints for violation of 209A protective orders are not immune from requirement of show-cause hearing under
ALM GL c 218, § 35A, but notice and opportunity to be heard need not be provided if one of three exceptions set forth
in ALM GL c 218, § 35A applies. Commonwealth v. Leger (2001) 52 Mass App 232, 752 NE2d 799, 2001 Mass App
LEXIS 761.
Since defendant had been arrested on warrant for violation of 209A restraining order, requirement of show-cause
hearing under ALM GL c 218, § 35A was obviated. Commonwealth v. Leger (2001) 52 Mass App 232, 752 NE2d 799,
2001 Mass App LEXIS 761.
Where woman who entered police station was bruised and disheveled and reported that defendant had punched her
in face and had done same thing two days earlier, police had probable cause to believe defendant had committed assault
and battery or misdemeanor involving abuse and could arrest defendant without warrant. Richardson v. City of Boston
(2001) 53 Mass App 201, 758 NE2d 629, 2001 Mass App LEXIS 1070.