Validity of 209A orders that were not served

Posted on August 2nd, 2007, by Dmitry Lev

Brief note on this important issue.  The order is “in effect” as soon as the judge enters it. The fact that the Defendant was unaware of it does not go to the effect of the order, but it may be a defense if there is an accusation of a violation. Note the difference between being served and being aware. The law only requires the latter, that the person is aware of the order. Obviously the easiest way for the prosecution to prove awareness is if the person was served, but awareness can be proved by other means, like testimony from someone who informed the defendant of the existence of the order.