Massachusetts Criminal Defense Attorney Blog
The Lawrence Eagle Tribune reports that a Methuen man is being sought by authorities for charges stemming from an incident that allegedly began in Lawrence, MA. According to the Tribune, the thirty year old man reportedly jumped into the minivan of an unsuspecting woman and held a gun to her stomach while threatening her family. The woman was taken to a hotel in Salem New Hampshire where she was allegedly assaulted and beaten until she lost consciousness. After regaining consciousness, the woman called the police and a search expanding over two states has begun to locate the alleged perpetrator. The woman’s stolen van was later located in Andover and she was treated at a hospital for injuries sustained during the incident. According to the Tribune warrants have issued from Salem and the suspect faces charges for kidnapping, attempted second degree murder, kidnapping, threats, violation of a protective order and unauthorized use of a motor vehicle.
Although all of the facts of this case are not known at this time, it appears that he parties may have known one another because on of the charges is violation of a protective order. Assuming that the alleged victim was the complainant on the restraining order then it appears that the pair was known to each other.
In Massachusetts there are two types of Restraining Orders that a complainant can requests. One is referred to as a M.G.L. 209A Restraining Order and the other is a M.G.L. 258E order. In order to qualify for a 209A restraining order the parties must be related, married, roommates or have been in a substantial dating relationship. In order for a judge to issue an order the complainant must demonstrate that the defendant engaged in conduct that created a situation in which he or she was in reasonable apprehension of immediate physical harm. In most circumstances the defendant is not present during the initial issuance of the order and a date (usually within two weeks) is set for another hearing. During this time span the defendant should be served with the temporary order and informed of the new date for the extension hearing. The defendant can fight the extension of the order at this time.
The M.G.L. 258E or “Harassment Prevention Order”is available for parties who are not related, dating, married or have been roommates. Chapter 258E provides the following three definitions of “harassment” warranting relief: (1)”3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, abuse or damage to property”; or (2) a single act that “by force, threat, or duress causes another to involuntarily engage in sexual relations”; or (3) a single act that constitutes one of 12 enumerated crimes involving sexual assault, stalking, or harassment.
It is important to realize that the issuance of this type of order is a civil order however, any violation of the order can result in being charged with the crime of violating a restraining order. Furthermore, although a restraining order is a civil order it can have collateral consequences such as handing over firearm (which could effect employment) and visitation or custody of minor children. If you have been served with either type of restraining order you should contact an experienced attorney immediately.