1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

ALM GL ch. 209A, § 7
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Mass 153, 680 NE2d 55, 1997 Mass LEXIS 121.
Section requires judge to search computerized records to determine if person has civil or criminal record involving
domestic or other violence. Vaccaro v. Vaccaro (1997) 425 Mass 153, 680 NE2d 55, 1997 Mass LEXIS 121.
ALM GL c 209A, § 7 establishes distinct statutory crime for violation of ALM GL c 209A order, and while
Commonwealth must show that defendant knew of order, there is no requirement that Commonwealth show intent on
part of defendant to violate order. Commonwealth v. Delaney (1997) 425 Mass 587, 682 NE2d 611, 1997 Mass LEXIS
187, cert den (1998) 522 US 1058, 139 L Ed 2d 655, 118 S Ct 714, 1998 US LEXIS 216.
Challenge to District Court's renewal of 209A order should have been directed to Appeals Court and not made
subject to petition under ALM GL c 211, § 3. Kraytsberg v. Kraytsberg (1998) 427 Mass 1008, 696 NE2d 124, 1998
Mass LEXIS 334.
ALM GL c 209A, § 7 criminalizes violation of three orders: orders to vacate household, orders to refrain from
abusing, and orders to have no contact. Commonwealth v. Finase (2001) 435 Mass 310, 757 NE2d 721, 2001 Mass
LEXIS 642.
2. Order to refrain from abuse
Although abuse prevention orders had expired, defendant's appeal challenging their lawfulness was not moot, since
defendant could be adversely affected by them in future applications for such orders or in bail proceedings. Wooldridge
v. Hickey (1998) 45 Mass App 637, 700 NE2d 296, 1998 Mass App LEXIS 1112.
3. --Violation
Party violates order to refrain from abuse when he or she attempts to cause or causes physical harm, places another
in fear of imminent serious physical harm, or causes another to engage involuntarily in sexual relations by force, threat
of force, or duress. Commonwealth v. Gordon (1990) 407 Mass 340, 553 NE2d 915, 1990 Mass LEXIS 197.
Although defendant did not physically harm wife or attempt to physically harm her when he arrived at her home
unannounced, defendant's conduct in preventing wife from closing front door by propping his back against it when wife
indicated her unwillingness to speak with him could be considered by jury as placing wife in fear of imminent serious
physical harm. Commonwealth v. Gordon (1990) 407 Mass 340, 553 NE2d 915, 1990 Mass LEXIS 197.
Evidence that defendant was angry with his wife for seeing another man and that he called her "bitch" and "whore"
5 days before defendant visited wife at marital home from which he was ordered to stay away was relevant to proving
that wife was in fear of defendant. Commonwealth v. Gordon (1990) 407 Mass 340, 553 NE2d 915, 1990 Mass LEXIS
197.
Evidence of defendant's violation of ALM GL c 209A order to refrain from abusing victim was sufficient, where
jury could find that actions and words of defendant placed victim in reasonable apprehension that physical force might
be used against her (defendant drove to front of victim's home, got out of car and yelled obscene language to and made
obscene gesture at victim and soon thereafter told victim over telephone that he would kill her). Commonwealth v.
Robicheau (1995) 421 Mass 176, 654 NE2d 1196, 1995 Mass LEXIS 359.
First Amendment did not protect defendant's conduct that was threatening to victim and constituted violation of
ALM GL c 209A order to refrain from abusing victim. Commonwealth v. Robicheau (1995) 421 Mass 176, 654 NE2d
1196, 1995 Mass LEXIS 359.
Jury verdicts convicting defendant of violating ALM GL c 209A order to refrain from abusing victim and
acquitting defendant of threatening a crime were inconsistent, but they did not violate defendant's due process rights and