http://www.bostoncriminallaw.net/blog 209A Restraining Order issues discussed by Boston Criminal Defense Attorney Dmitry Lev Sun, 12 Oct 2008 05:52:49 +0000 http://backend.userland.com/rss092 en Last Monday's episode of the new TNT courtroom drama "Raising the Bar" briefly put into spotlight the potentially disastrous consequences of domestic restraining orders imposed upon families by the prosecutors and the courts. Before launching into the story, I must remark that of all the courtroom shows on TV these ... http://www.bostoncriminallaw.net/blog/2008/10/raising-the-bar-on-the-horrors-of-209a/ In 209A Restraining Orders proceedings the Plaintiffs usually get exactly what they ask for. If the Plaintiff wants "no contact" -- the judge is likely to order no contact. If the Plaintiff wants the Defendant to stay away 100 yards from the Plaintiff's workplace -- it will most probably be ... http://www.bostoncriminallaw.net/blog/2007/12/209a-when-wishes-dont-come-true/ Many remorseful plaintiffs, those who at one time obtained 209A Restraining Orders against their husbands, girlfriends, mothers, etc, but have long since had the order vacated or expired, are now coming around to realize the amount of future damage that they caused to those on the receiving end. That damage ... http://www.bostoncriminallaw.net/blog/2007/10/buyers-remorse-i-didnt-want-that-209a-order/ 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. ... http://www.bostoncriminallaw.net/blog/2007/08/validity-of-209a-orders-that-were-not-served/ I often have 209A defendant clients insist that roommate Bob or best friend John testify at the 209A hearing. After all, "they can prove that there was no abuse!" But can they? Can anyone? Should anyone have to? In any civil proceeding, including a 209A hearing, the burden of proof lies ... http://www.bostoncriminallaw.net/blog/2007/05/the-209a-burden-to-prove-or-not-to-prove/ Not so fast. Let's talk about evidence. First of all, what is evidence? Contrary to popular TV and CSI-shaped beliefs, evidence is not just DNA, blood, documents, or photos taken by a private eye from a car with tinted windows. In a strictly legal sense, evidence is anything that makes ... http://www.bostoncriminallaw.net/blog/2007/05/but-there-is-no-evidence-of-any-abuse/ This blog has been featured as "Blawg of the Day" on March 27, 2007, by Tom Mighell's Inter-Alia website. Attorney Mighell is truly a blogging pioneer with Inter-Alia nearing its fifth anniversary as of this writing. Tom is also the publisher of the well known Internet Legal Research Weekly newsletter that ... http://www.bostoncriminallaw.net/blog/2007/03/attorney-levs-blog-featured-on-inter-alia/ "We reconciled. We're in love again. Can't she simply drop the charges??" No. At least not simply. For the sake of consistency, let us say that the alleged "victim" in a criminal domestic assault and battery case is named She. Let us also identify the remaining cast ... http://www.bostoncriminallaw.net/blog/2007/02/who-is-in-charge-of-charges/ A client will often say, "Why am I being accused of violating the 209A order if my (insert Plaintiff wife, husband, boyfriend, girlfriend, ex, etc.) called me first? The Plaintiff violated it, not I!" Understandable line of reasoning, but unfortunately incorrect. For the sake of this discussion, assume that the Plaintiff ... http://www.bostoncriminallaw.net/blog/2007/01/209a-violations-a-one-way-street/ How about a substantive date? How about not. In Massachusetts, a 209A domestic abuse restraining orders can be issued only when the alleged abuser is a "family or household member." Interestingly enough, that short definition also includes those who "are or have been in a substantive dating or engagement relationship," whether ... http://www.bostoncriminallaw.net/blog/2007/01/how-about-a-substantive-date/ Another piece of the 209A saga and judicial wisdom (please apply sarcasm as you see fit) has been brought to us by the Chelsea District Court. Here, a judge decided that he would issue a permanent 209A order at the 10 day hearing. Not surprisingly, the Court of Appeals disagreed, ... http://www.bostoncriminallaw.net/blog/2006/12/i-hate-you-permanently-not/ Last week at a nearby District Court at a 209A hearing a judge fell for the most obvious and transparent stunt by the Plaintiff: tears. There was no physical abuse. There was no threat of physical abuse. There wasn't even a hint of the possibility of physical abuse. But instead ... http://www.bostoncriminallaw.net/blog/2006/12/the-209a-appellate-theatre-act-one/ Here's a situation I encounter often: boyfriend and girlfriend have a joint lease. Girlfriend gets tired of the boyfriend. Girlfriend applies for, and of course obtains, a 209A Restraining Order. Boyfriend is booted out of the apartment, at least for the initial 10 days. At the hearing, girlfriend tells a ... http://www.bostoncriminallaw.net/blog/2006/11/the-209a-breakup-what-about-my-furniture/ Records of 209A orders live long and are unforgiving. Even an ex parte order that lasts a mere 10 days and is not renewed creates a record that will haunt the Defendant if there is ever another 209A case against him or in bail proceedings, just to name a few ... http://www.bostoncriminallaw.net/blog/2006/09/green-light-to-expunge/ Attorney Dmitry Lev was quoted in the Nashville Scene in a news editorial on voting rights of felons entitled Dead Men Voting. "The history behind disenfranchisement in the United States was closely tied to racial motives and attempts to prevent newly freed slaves from taking part in the political process," says ... http://www.bostoncriminallaw.net/blog/2006/09/attorney-lev-quoted-on-felon-voting-rights/ Can 209A Restraining Orders be issued against out-of-state Defendants? There are two types of jurisdictional requirements that must be met in order for a court of law to have the authority to rule on matters: subject matter and personal jurisdiction. Subject matter simply means that a court has the authority to ... http://www.bostoncriminallaw.net/blog/2006/09/shortening-the-long-arm-can-a-209a-restraining-order-be-issued-against-an-out-of-state-defendant/ 1. DO calm down. This is more important than it sounds. Wait one hour before doing anything else. 2. DO NOT contact the person who took out the order in any manner whatsoever. This includes text messages, e-mails, sending flowers, or contact through third persons. It is tempting ... http://www.bostoncriminallaw.net/blog/2006/08/10-most-important-actions-when-served-with-a-209a-restraining-order/ 209A is in fact a four letter word in Massachusetts, and this is so because of the nasty implications a 209A order has on the person against whom one is issued. For those unaware, 209A is the common name for the Massachusetts species of domestic restraining orders, and it refers ... http://www.bostoncriminallaw.net/blog/2006/08/209a-a-four-letter-word/ In Massachusetts criminal records are maintained by the Criminal History Systems Board and their term of art for the record itself is CORI -- Criminal Offender Record Information. Unlike other states, where old convictions may be permanently expunged from records after a certain period of time, Massachusetts convictions remain on ... http://www.bostoncriminallaw.net/blog/2006/08/do-you-have-a-criminal-record/ A common question asked by many clients. For the sake of simplicity, let us call the court of the first proceeding that initially set bail "The First Court" and the court where the subsequent arrest was arraigned "The Second Court." In short, the second court may revoke the bail set by ... http://www.bostoncriminallaw.net/blog/2006/08/what-if-i-get-in-trouble-again-while-on-bail/ A Somerville District Court judge refused to dismiss a criminal charge of assault and battery even though the complaining witness stated on record that she would not cooperate and wanted the charges dropped. The judge's refusal stemmed from the fact that mutual 209A restraining orders were outstanding, and both parties ... http://www.bostoncriminallaw.net/blog/2006/07/from-the-frontlines-mutual-209as-dismissed/ In the decade since the infamous OJ Simpson case, few have stopped to think what was it that Simpson won and what was it that he lost. It is safe to assume that everyone (at least everyone who cares) knows that Simpson was found "not guilty," and thereby acquitted of ... http://www.bostoncriminallaw.net/blog/2006/07/so-what-if-the-glove-fits/ It is a rare delight to see the courts curtail the ever reaching power of the 209A Restraining Orders in Massachusetts. The Court of Appeals spoke on June 20, 2006, in the case of Mickela v. Fanaras. Apparently the lower court judge in that case decided to extend the reach of ... http://www.bostoncriminallaw.net/blog/2006/06/209a-power-play-reversed/