VIOLATION OF AN ABUSE PREVENTION ORDER – WHAT THE COMMONWEALTH MUST PROVE

The defendant is charged with knowingly violating an abuse prevention order issued by a court. Section 7 of chapter 209A of our General Laws provides, in substance, that it is unlawful to violate an order issued pursuant to that chapter which orders the defendant:
(to refrain from abusing the person who requested the order) (or that person’s child);
(or) (to refrain from contacting the person who requested the order) (or that person’s child) unless authorized by a court;
(or) (to stay a particular distance away from the person who requested the order) (or that person’s child);
(or) (to vacate and remain away from the [household] [multiple family dwelling] of the person who requested the order);
(or) (to vacate and remain away from the work place of the person who requested the order).
In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

 

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] );
(or) (to refrain from contacting [name of plaintiff or child] (directly or indirectly) unless authorized by a court);
(or) (to stay a particular distance away from the person who requested the order [or that person’s child] );
(or) (to vacate and remain away from the household or multiple family dwelling of [name of plaintiff or child] );
(or) (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 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 it in some other way;
and Fourth: That the defendant violated the order by:
(abusing [name of plaintiff or child]);
(or) (contacting [name of plaintiff or child] [directly or indirectly] unless authorized by a court);

 

(or) (failing to stay a particular distance away from the person who requested the order [or that person’s child]);
(or) (failing to vacate and remain away from the household or multiple family dwelling of [name of plaintiff or child])
(or) (failing to remain away from the workplace of [name of plaintiff or child][located at [address] ]).

Here the jury must be instructed on “Knowledge” (Instruction 3.140).

Commonwealth v. Gordon, 407 Mass. 340, 553 N.E.2d 915 (1990).