Violation of Abuse Prevention Orders (September 24, 2010)

A district court jury recently convicted a defendant for violation of an abuse prevention order by calling the victim and threatening her.

The courts in these matters usually hear from the victim and issue a restraining order which is intended to protect the victim. The terms of the order can be crafted by the judge to prevent the defendant from contacting the victim. The terms of an abuse prevention order usually contain no abuse and to stay away from the victim’s work and home. The courts sometimes issue an order of no abuse and allow the parties to remain in the same household when they do not want to be separated.

The courts usually enter these orders ex parte without notice to the defendant. The period between the issuance of the court order and the time that the defendant is notified can create a problem.

In the case of Commonwealth v. Melton, 77 Mass. App. Ct. 552, the defendant contacted the victim; the victim informed the defendant that she went to court and received a restraining order and that the defendant would be served with that order in due course. After this conversation took place the defendant knowing that there was a restraining order in effect but before he was served, contacted the victim again using threatening language. A jury convicted the defendant, even though he had not been formally served with the court order.

The judges and police departments take these matters very seriously and the temptation to contact a victim when there is a restraining order outstanding even though strong should be avoided.