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The Massachusetts Legislature defines Violation Abuse Prevention Orders under Massachusetts General Law Chapter 209A §7 as follows:
Section 7. Any violation of such order or a protection order issued by another jurisdiction shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment. In addition to, but not in lieu of, the forgoing penalties and any other sentence, fee or assessment, including the victim witness assessment in section 8 of chapter 258B, the court shall order persons convicted of a crime under this statute to pay a fine of $25 that shall be transmitted to the treasurer for deposit into the General Fund. For any violation of such order, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer’s intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer’s intervention should not be ordered or unless the batterer’s intervention program determines that the defendant is not suitable for intervention. The court shall not order substance abuse or anger management treatment or any other form of treatment as a substitute for certified batterer’s intervention. If a defendant ordered to undergo treatment has received a suspended sentence, the original sentence shall be reimposed if the defendant fails to participate in said program as required by the terms of his probation. If the court determines that the violation was in retaliation for the defendant being reported by the plaintiff to the department of revenue for failure to pay child support payments or for the establishment of paternity, the defendant shall be punished by a fine of not less than one thousand dollars and not more than ten thousand dollars and by imprisonment for not less than sixty days; provided, however, that the sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served sixty days of such sentence.
The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That a court had issued an order pursuant to chapter 209A of our General Laws which ordered the defendant: (to refrain from abusing [name of plaintiff or child] ) (to refrain from contacting [name of plaintiff or child] (directly or indirectly) unless authorized by a court) (to stay a particular distance away from the person who requested the order [or that person’s child]) (to vacate and remain away from the household or multiple family dwelling of [name of plaintiff or child] ) (to remain away from the workplace of [name of plaintiff or child] [located at [address] ] );
Second: That such order was in effect on the date when its violation allegedly occurred;
Third: That the defendant violated the order by: (abusing [name of plaintiff or child] ) (contacting [name of plaintiff or child] (directly or indirectly) unless authorized by a court) (failing to stay a particular distance away from the person who requested the order [or that person’s child]) (failing to vacate or remain away from the household or multiple family dwelling of [name of plaintiff or child] ) (failing to remain away from the (workplace) (school) of [name of plaintiff or child] [located at [address] ] ); and
Fourth: That the defendant knew that the pertinent term(s) of the order (was) (were) in effect, either by having received a copy of the order or by having learned of the pertinent term(s) of the order in some other way. You should consider all of the evidence and any reasonable inferences you choose to draw from that evidence to determine the extent of the defendant’s knowledge at the time when it is alleged the order was violated.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.