1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

ALM GL ch. 209A, § 7
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"voice mail" or that former wife even knew that calls had been made. Commonwealth v. Cove (1998) 427 Mass 474,
693 NE2d 1385, 1998 Mass LEXIS 196.
Defendant who arranged for flowers to be sent to former girlfriend violated "no contact" order; protestations of
"nonhostile intent" or "desire to make amends" are irrelevant to enforcement of no-contact order. Commonwealth v.
Butler (1996) 40 Mass App 906, 661 NE2d 666, 1996 Mass App LEXIS 99.
Circumstantial evidence was competent to persuade jury beyond reasonable doubt that defendant violated
no-contact protective order, where four collect telephone calls were made to telephone number of defendant's wife from
unit of correctional facility where defendant was incarcerated and later that day wife received call from person whose
voice she did not recognize asking if defendant could call her collect. Commonwealth v. Russell (1999) 46 Mass App
307, 705 NE2d 1144, 1999 Mass App LEXIS 93, review denied (1999) 429 Mass 1104, 709 NE2d 1121, 1999 Mass
LEXIS 256.
Elements of crime of violating abuse prevention order are (1) existence of order in effect at time of alleged
violation; (2) defendant's knowledge of terms of order; and (3) violation of terms of order. Commonwealth v. Basile
(1999) 47 Mass App 918, 712 NE2d 633, 1999 Mass App LEXIS 787, review denied (1999) 430 Mass 1106, 720 NE2d
468, 1999 Mass LEXIS 790.
Where defendant was served in hand with abuse prevention order and on next day appeared one block from where
victim was unloading goods acquired on shopping trip and jumped in air and waved his hands, frightening victim and
causing her to go into house, evidence was sufficient to convict defendant of violating "no contact" terms of order.
Commonwealth v. Basile (1999) 47 Mass App 918, 712 NE2d 633, 1999 Mass App LEXIS 787, review denied (1999)
430 Mass 1106, 720 NE2d 468, 1999 Mass LEXIS 790.
Where defendant was charged with violating "no contact" order by having telephoned victim twice while confined
at Bridgewater State Hospital, evidence that defendant was put in fear of imminent serious physical harm, i.e., evidence
of abuse, was not required. Commonwealth v. Mendonca (2001) 50 Mass App 684, 740 NE2d 1034, 2001 Mass App
LEXIS 6, review denied (2001) 434 Mass 1101, 751 NE2d 418, 2001 Mass LEXIS 236.
Violation of order not to contact by telephone is established by proof of unexcused conversation with protected
party over telephone and without proof that protected party was placed in fear. Commonwealth v. Mendonca (2001) 50
Mass App 684, 740 NE2d 1034, 2001 Mass App LEXIS 6, review denied (2001) 434 Mass 1101, 751 NE2d 418, 2001
Mass LEXIS 236.
Where valid restraining order was in effect requiring defendant to refrain from contacting his wife in person and
ordering him to stay away from marital home and defendant had knowledge of order when he went to wife's residence,
rang doorbell and demanded to be let in to see his son, evidence was sufficient to withstand defendant's motion for
required finding of not guilty. Commonwealth v. Rauseo (2001) 50 Mass App 699, 740 NE2d 1053, 2001 Mass App
LEXIS 22, review denied (2001) 434 Mass 1102, 751 NE2d 419, 2001 Mass LEXIS 275.
Where protective order prohibited defendant from contacting or coming within 50 yards of former wife except that
he could remain in his vehicle when picking up and dropping off his children for visitation, defendant violated order
when he left vehicle and accompanied child inside foyer of apartment building and stood 4-5 feet away from former
wife's apartment door. Commonwealth v. Stewart (2001) 52 Mass App 755, 756 NE2d 22, 2001 Mass App LEXIS 953.
Even though a protected person was not present when defendant knowingly intruded directly into the protective
person's workplace in violation of a protective order, the evidence was sufficient to show a violation of the order
pursuant to ALM GL c 209A, § 7. Commonwealth v. Habenstreit (2003) 57 Mass App 785, 786 NE2d 425, 2003 Mass
App LEXIS 462, review denied (2003) 439 Mass 1106, 790 NE2d 1089, 2003 Mass LEXIS 490.
Defendant's convictions for violation of a no contact order were upheld where defendant contended that the