Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Temporary Orders under Massachusetts General Law Chapter 258E §5 as follows:
Section 5. Upon the filing of a complaint under this chapter, the court may enter such temporary orders as it deems necessary to protect a plaintiff from harassment, including relief as provided in section 3.
If the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, the court may enter such temporary relief orders without notice as it deems necessary to protect the plaintiff from harassment and shall immediately thereafter notify the defendant that the temporary orders have been issued. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by the plaintiff not later than 10 court business days after such orders are entered.
Notice shall be made by the appropriate law enforcement agency as provided in section 9.
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 258E of our General Laws which ordered the defendant: (to refrain from abusing or harassing [name of plaintiff] ) (to refrain from contacting [name of plaintiff] (directly or indirectly) unless authorized by a court) (to stay a particular distance away from [name of plaintiff] ) (to remain away from the household or multiple family dwelling of [name of plaintiff] ) (to remain away from the workplace of [name of plaintiff] [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 or harassing [name of plaintiff] ) (contacting [name of plaintiff] (directly or indirectly) unless authorized by a court) (failing to stay a particular distance away from [name of plaintiff]) (failing to vacate or remain away from the household or multiple family dwelling of [name of plaintiff] ) (failing to remain away from the workplace of [name of plaintiff] [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.