Massachusetts Criminal Defense Attorney Blog
According to The Lowell Sun, thirty six year ol Shawn Price from Lowell MA is charged with a number of criminal offenses including domestic assault and battery, assault and battery, illegal possession of a firearm, unlawful possession of ammunition, improper storage of a firearm and intimidation of a witness. It was reported that the police were dispatched to a Lowell address where Price’s girlfriend alleged that Price punched her, struck her with a coffee cup and coffee maker in an unprovoked attack. Following a bail hearing in the Lowell District Court Judge Barbara Pearson ordered that the defendant be held on $1,500.00 bail. The defendant pleaded not guilty.
According to reports, when the police responded to the alleged domestic violence, Price’s girlfriend claimed that Price had fled. The girlfriend alleged that while Price was in the bedroom using a cell phone he attacked her by grabbing her around the neck then dragging her by the hair. Price then threw the phone in the toilet so that his girlfriend could not call for help. This conduct must be the basis for the intimidation of a witness charge. The witness was apparently hysterical and had visible bumps and bruises. The witness did not seek medical attention and did not receive a restraining order against her boyfriend.
This type of case is often categorized as a “domestic abuse case.” In many situations, however, not in this case, the witness may apply for and receive a temporary 209A restraining order. Initially a “temporary 209A restraining order” is issued by a District Court Judge. In order for such an order to issue the complaining witness must allege facts indicating that he or she was placed in reasonable apprehension of immediate physical harm by the conduct of the defendant. In most cases, a complainant applies for this in a local district courthouse and fills out an affidavit in support of the restraining order. If it is an “emergency” and the courthouse is closed, often a clerk magistrate will call a judge that is “on call.” If the criteria is met, a temporary order may issue. For the order to have legal impact, it must be served on the defendant or he or she must be made aware of the specific conditions of the order. Following this initial order, a court hearing is scheduled approximately ten days from the issuance of the order. The defendant and the complaining witness are expected to show up. If neither party appears in court the order expires by “operation of law” at four o’clock in the afternoon.
In order to be able to apply for a 209 A restraining order the parties must be related, be roommates or be involved in a substantial dating relationship. However, if this criteria is not met a person may apply for a Harassment Prevention Order pursuant to Chapter 258E. In order to apply for this type of order it is not necessary that the parties be related, be roommates or have been in a substantial dating relationship. However, the standard for for the issuance of this order is different. The most common theory under which this type of order is sought is when a witness alleges that a defendant “harassed” him or her. The type of conduct that constitutes harassment is similar to that required for criminal harassment.
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Our Attorney routinely appears in District Courts preventing the extension of both 209A and 258E restraining orders. Our Attorney specializes in criminal defense and also defends individuals who have been charged with violation of restraining orders. She appears in local District Courts such as Peabody, Lawrence and Haverhill fighting for the rights of her clients. If you have been served with a restraining order or face a criminal charge for violating a restraining order and want experience and knowledge on your side contact Our Attorney online or and she will get to work on your case immediately.