According to the Lawrence Eagle Tribune, a North Andover man was arrested and charged with attempted murder, assault and battery with a dangerous weapon, assault and battery on a household member and illegal possession of a handgun. According to the paper, the defendant allegedly beat up his live in girlfriend then attempted to shoot her mother when she tried to protect her. It is also alleged that the defendant pointed a gun at the woman’s mother however, the gun did not fire. It was reported that the police found a loaded semi-automatic weapon within blocks of the incident.
The woman was treated at the Lawrence General Hospital, located in Lawrence Massachusetts, for injuries as a result of the beating. She obtained a restraining order from the police. The defendant was arrested on a fugitive from justice warrant in New Hampshire.
If you have been the defendant in a restraining order it is important that you know your rights. The complaining witness must demonstrate to the judge that he or she has reasonable apprehension of immediate physical harm. The fear or apprehension must be reasonable and also must be rimminent. Initially, a temporary restraining order usually issues. The defendant is supposed to be served with a copy of the order and generally there is a court hearing within one week. If the defendant does not appear and the complainant requests a continuance of the order, the order is routinely extended. The order can be extended for up to one year at a time. Upon expiration of the order the complainant can request that it be continued, however the defendant has a right to be present.
If an individual is the recipient of a restraining order in Massachusetts, it is important that he or she reads all of the conditions. For example, some of the orders simply order that the defendant not “abuse” the complainant. Other conditions may provide that the defendant “stay away” from the complainant and sometimes children.
If you have been charged with assault and battery, assault and battery by means of a dangerous weapn, domestic violence or served with a restraining order it is important that you contact an experienced defense attorney. At any hearing for the issuance or extension of a restraining order it is imperative that you have a Massahcusetts attorney to present your side of the case. Although a restraining order is a civil order, a violation is criminal. See. M.G.L.209A.