Violation of Restraining Order

Unfortunately, many people abuse the system in an attempt to obtain restraining orders for illegitimate purposes. Often times a jilted lover will seek a restraining order out of spite or a spouse will seek a restraining order during a divorce in order to strength their position in the event of a custody battle. Unfortunately most people don’t realize the potential consequences that can result from a having a restraining order filed against them. If someone gets a 209A restraining order issued against you then your name will be entered into the national criminal database despite the fact that this a civil matter and not a criminal matter.

Threatening To Commit A Crime

Threatening to commit a crime is a criminal offense in Massachusetts. It’s a very common charge. The majority of the time these charges can be addressed at a clerk magistrates hearing. That’s because these crimes aren’t often committed in the presence of many witnesses and the only evidence that supports the charge comes in the form of the alleged victim’s testimony. Hiring a lawyer early in the case at the clerk’s hearing stage will give you the best chance of getting the case dismissed before formal criminal charges can be brought against you. Often times a bitter ex-girlfriend, boyfriend, ex-wife or husband will try and use the criminal court system to exact some form of revenge. In an attempt to use the court system for illegitimate purposes they file a bogus criminal complaint. It’s unfortunate when this happens because the accused party is forced to face these charges.

Disturbing the Peace

Disturbing the peace is a crime against public order and it is a misdemeanor crime. In order to obtain a conviction for disturbing the peace the prosecution must show that the defendant (1) engaged in disruptive behavior that a reasonable persona would find reasonably disruptive (2) the defendant acted intentionally (3) the defendants conduct took place in or near a public place (4) the defendant infringe on the right of one person to live undisturbed.

Disorderly Conduct & Disturbing The Peace

Disturbing the peace is a very broad charge and many types of conduct could warrant an arrest for disturbing the peace. A police officer can exercise his or her discretion when deciding whether or not to make an arrest for disorderly conduct. Often police don’t have all the facts at the time of an arrest. Often times we are able to present the officer and prosecutor with additional facts that weren’t available to the officer at the time of the arrest which, if known to the officer would have led him not to make the arrest.

Malicious Destruction of Property & Wanton Destruction of Property

Massachusetts General Laws Chapter 266 section 127 makes it a crime to willfully (intentionally by design and not by accident or carelessness) and maliciously (out of revenge, hostility or cruelty) destroy the property of another. Someone can be charged with either malicious destruction of property over $250 or malicious destruction of property under $250. Wanton destruction of property is separate less severe crime charge…