Arrested in Massachusetts for Violating a Restraining Order?
Don’t Let an MA Criminal Charge Ruin Your Life!
(Also see how and why to fight a restraining order against you.)
A Restraining order violation is when you violate the terms of a restraining order written against you by allegedly abusing or going near a person who has taken out such a civil court document. A restraining order is also known as an abuse prevention order, protective order, or a “209A”, which is the Massachusetts General Law statute chapter number. It is a serious offense that can carry a penalty of up to 2 1/2 years in jail and a $5000 fine.
Restraining orders are often abused, both in being issued and in how they are enforced. Did you know that in Massachusetts, you can be charged and arrested for a restraining order violation if:
the complainant claims that you drove by his or her house, even if you live in the neighborhood;
were near his/her car;
the person believes that you called and hung up;
you write a letter to the person;
if the person invites you over and you accept.
More typically, and in less serious cases, if you are found guilty the penalty is often a fine and required entry into a batterer’s intervention program.
Restraining Order Violation Defense Strategies
When appropriate, I can contest the whether the restraining order should have been issued in the first place. There are also a number of other arguments to be made depending on the facts of the case and the alleged evidence against you. The early I can get on a case, the more defense options we’ll have, so call me right away if you are facing this charge.
If you are charged with a restraining order violation / violating a protective order, abuse preemption order, or 209a, or another criminal offense, call me today to find out how I may be able to help.
By calling, you have nothing to lose. I’ll be happy to talk with you and discuss your case before you decide if you want to hire me. Defending people accused of crimes is what I do for a living. Call to set up a free consultation now.
Also, see my page on harassment orders.
Massachusetts General Laws excerpt
CHAPTER 209A. Abuse Prevention orders
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.” … “For any violation of such order, 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. “